Kristen Dearlove

The police defendants in a civil action arising from a criminal sexual assault acquittal moved to seal materials filed in support of their summary judgment motion.

The media sought intervenor status to oppose the sealing order.

The court granted the media intervenor status and dismissed the motion to seal, finding the police defendants failed to meet the Dagenais/Mentuck test to overcome the open court principle.

The court confirmed the criminal publication ban protecting the complainant's identity remained in force and ordered the use of initials in pleadings.

The plaintiff, a minor who suffered severe abuse by his biological parents, brought a civil action against various parties, including the police and CAS, alleging negligence in failing to protect him.

The plaintiff brought a motion under Rule 30.10 seeking production of the complete Crown Brief from the Ministry of the Attorney General and the police.

The court dismissed the motion against the Crown, noting the police already possessed the brief.

The court found the motion against the police was improperly brought under Rule 30.10 as they were parties, but proceeded to determine relevance under Rule 30.06.

The court held that the contents of the Crown Brief were relevant to what the police knew or ought to have known prior to the final assault, and declared the material producible.