The Canadian Broadcasting Corporation (CBC) sought access to and copies of exhibits from a preliminary inquiry involving four correctional officers charged in the death of Ashley Smith.
The charges were dropped, and the exhibits were transferred for a coroner's inquest.
The application judge granted CBC access but restricted copying to portions of the video played in open court and prohibited copying the footage of Smith's death.
The Court of Appeal allowed CBC's appeal, holding that the Dagenais/Mentuck test applies to media requests for exhibits and that the open court principle includes the right to copy exhibits in full, absent convincing evidence of a serious risk to the administration of justice or other protected interests.
