Iain A.C. MacKinnon

The moving party brought a motion to quash an appeal by the appellant regarding an order granting the media access to a video exhibit from the appellant's concluded bail hearing.

The moving party argued the matter was criminal in nature, meaning jurisdiction lay with the Supreme Court of Canada.

The Court of Appeal dismissed the motion, holding that because the criminal proceedings were fully concluded and the order did not affect any ongoing criminal matter or the appellant's fair trial rights, the proceeding was civil in nature and properly appealed to the Court of Appeal under the Courts of Justice Act.

The appellant appealed a decision unsealing search warrant material that contained the names of police officers who had not been charged with any offence.

The Court of Appeal dismissed the appeal, finding no basis to interfere with the application judge's conclusion that the public interest in open justice outweighed the officers' privacy interests and that a publication ban was not warranted.