Multiple media organizations applied under s. 487.3 of the Criminal Code to vary sealing orders relating to search warrants, general warrants, and production orders obtained during a terrorism investigation.
The court considered the open court principle and the Dagenais‑Mentuck framework governing restrictions on publication and access to court records.
While recognizing the strong presumption of openness once search warrants are executed, the court found that publication of certain highly incriminating and potentially inadmissible material in the Informations to Obtain posed a serious risk to the proper administration of justice and to the accused persons’ fair trial rights given the extensive publicity surrounding the terrorism allegations.
The court therefore permitted access to the materials but imposed time‑limited publication bans on evidence supporting the charges and maintained sealing for portions relating to ongoing investigations and identifying information of innocent third parties.
