The Crown obtained search warrants under the Provincial Offences Act relating to a meat packing business.
The Crown subsequently obtained an ex parte sealing order for the warrants and informations, arguing disclosure could identify a confidential informant and interfere with an ongoing criminal investigation.
Media outlets successfully applied to quash the sealing order.
The Supreme Court of Canada dismissed the Crown's appeal, holding that the Dagenais/Mentuck test applies to all discretionary court orders that limit freedom of expression and freedom of the press, including sealing orders at the investigative stage.
The Court found the Crown failed to meet its burden, as it relied only on a generalized assertion that publicity could compromise the investigation rather than demonstrating a serious and specific risk.