The Death Investigation Oversight Council (DIOC) brought a motion for a sealing order over autopsy files and a redaction order for witness identities in its record of proceedings, which was filed in response to an application for judicial review by Dr. Jane Turner.
Applying the Sherman Estate test, the Divisional Court held that while identifying information in the autopsy files must be redacted to protect the dignity of the deceased infants and their families, sealing the entire files was unnecessary.
The court also refused to redact the identities of witnesses interviewed during the DIOC's investigation, finding that the open court principle did not pose a serious risk to the public interest in witness candour.
