The appellant media organization sought to set aside an indefinite publication ban ordered by the Manitoba Court of Appeal in connection with a sealed affidavit filed in criminal proceedings involving an alleged miscarriage of justice.
The Court of Appeal declined to hear the motion, holding that its jurisdiction was exhausted after it entered its formal judgment on the merits.
The majority of the Supreme Court held that courts retain supervisory jurisdiction over their court records — including the power to vary or set aside publication bans and sealing orders — even after entering formal judgment on the merits, as this authority exists independently of the doctrine of functus officio.
The majority allowed the appeal from the 2019 Jurisdiction Judgment and remanded the matter to the Court of Appeal to decide the motion on its merits.
The appeal from the 2018 Publication Ban Judgment was adjourned sine die pending that determination.
Abella J. dissented, concluding that the appellant's undue delay in bringing its motion was determinative and both appeals should be dismissed.
