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Sealing order ended because the Crown failed to show serious risk.
Media applicants sought termination or variation of a sealing order over an Information to Obtain connected to a homicide and trans-national drug trafficking investigation.
Applying the open court principle and the Dagenais/Mentuck framework as restated in Sherman Estate, the court held that the Crown bore the burden of justifying the continued sealing after execution of the warrant.
The Crown's concerns about witness safety and investigative prejudice were found too generalized and insufficiently supported in the circumstances, particularly given the arrests already made and the age and partial public availability of the information.
The application was granted and the sealing order was terminated.
