J. Stillman

The accused was charged with operation of a motor vehicle while impaired by alcohol.

The Crown alleged that the accused collided with a vehicle stopped at a red light and then attempted to distance himself from the collision.

The defence challenged the officer's reasonable and probable grounds for arrest, the officer's consideration of the three-hour requirement under the Criminal Code, the identification of the driver, and whether the evidence met the Stellato standard for impairment.

The court found that the accused was the driver, that the officer properly considered the time element, that identification was established beyond a reasonable doubt, and that the evidence demonstrated at least slight impairment of driving ability.

The accused was found guilty.

Media organizations applied for access to and the ability to publish the contents of an Information to Obtain supporting a search warrant in a major police investigation.

The Provincial Crown and an accused sought a publication ban on references to non-consensual intercepted private communications, arguing protection of the wiretap regime and fair trial rights.

Applying the Dagenais/Mentuck test, the court held that generalized concerns about the wiretap regime and speculative risks to a future jury trial were insufficient to justify restricting openness.

The court emphasized the strong presumption of open courts and the public interest in scrutiny of judicial authorizations and police investigations.

Balancing the competing interests, the court concluded that the salutary effects of a publication ban did not outweigh the significant deleterious effects on freedom of expression and public accountability.