Melissa Ragsdale

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.

The appellant, who was found not criminally responsible by reason of mental disorder, was transferred from a medium security facility to a maximum security facility by order of the Ontario Review Board.

The Review Board concluded that the 'least onerous and least restrictive' test under s. 672.54 of the Criminal Code did not apply to the specific conditions of the disposition.

The Supreme Court of Canada allowed the appeal, holding that the 'least onerous and least restrictive' requirement applies to the disposition order as a whole, including its conditions.

The Court found that the Review Board committed an error of law and that the Crown failed to demonstrate that no substantial wrong occurred, entitling the appellant to a re-hearing.