The applicant, the Toronto Star, sought access to pre-sentence reports and a victim impact statement filed as exhibits in three youth court proceedings where the young persons were found guilty of serious criminal offences.
The applicant argued that access was necessary under the open court principle and freedom of the press.
The provincial Crown and amicus curiae opposed the application, arguing that access should be denied to protect the privacy and rehabilitation of the young persons under the Youth Criminal Justice Act.
Applying the Dagenais/Mentuck test, the court found that denying access was necessary to prevent a serious risk to the proper administration of justice, specifically the privacy and rehabilitation of the young persons.
The court concluded that the salutary effects of denying access outweighed the deleterious effects on freedom of the press.
The application was dismissed.
