Mattison Chinneck

The media applicants sought judicial review of a Hearing Officer's decision in a police disciplinary hearing to impose a publication ban on a video exhibit and subsequently allow the exhibit to be withdrawn from the record.

The Divisional Court found that the Hearing Officer erred in principle by failing to apply the proper Dagenais-Mentuck test before granting the ban and by allowing the exhibit to be withdrawn when the media sought to challenge it.

The Court set aside the publication ban and the withdrawal order, directing that the video be made public with the victim's name redacted.

The Court also ordered the police service to provide contemporaneous access to exhibits during future hearings in accordance with the open court principle.

The applicants in the main proceeding sought access to youth criminal records related to a sexual assault investigation for use in a civil action.

The Attorney General and the Chief of Police brought a preliminary motion seeking release of the records to them to determine if other young persons, such as witnesses or victims, should be given notice of the application due to privacy interests.

The court dismissed the motion, holding that the Youth Criminal Justice Act's statutory scheme for access to records does not require notice to witnesses, and the court cannot effectively amend the legislation to create a new notice provision.

The appellant police officer appealed a decision of the Ontario Civilian Police Commission upholding his dismissal for discreditable conduct, insubordination, and breach of confidence.

The misconduct related to his failure to report the kidnapping of an acquaintance and his unauthorized use of a police database to provide information to the victim's brother.

The Divisional Court dismissed the appeal, finding no error in the Hearing Officer's decisions to allow video testimony, admit a criminal trial transcript, refuse a stay for delay, and impose the penalty of dismissal.