Media organizations brought a motion seeking access to the transcript and materials from an in camera child protection apprehension hearing after an order excluded the media due to urgent circumstances involving missing children.
The court applied the Dagenais/Mentuck framework governing limits on the open court principle and freedom of the press.
While recognizing the strong presumption of openness, the court held that protection of vulnerable children and the administration of justice justified continued limits where some children remained missing.
However, once several children were safely in the care of the child welfare authority, the continued blanket restriction was no longer necessary.
The court ordered that a redacted transcript be made available to the media, removing identifying information and information relating to children still missing.
