Mollie Gallagher

The respondent, a journalist, sought access to search warrants and supporting informations issued by a justice of the peace.

The appellants denied access, arguing the documents were not available for public inspection.

The Supreme Court of Canada held that after a search warrant has been executed, and objects found are brought before a justice, members of the public are entitled to inspect the warrant and the information upon which it was issued.

The Court affirmed the open court principle, ruling that curtailment of public accessibility is justified only where necessary to protect social values of superordinate importance, such as protecting the innocent when a search yields nothing.

The appellant, a probationary civil servant, was dismissed by the Crown.

He grieved the dismissal under a collective agreement, and an arbitration board ordered his confirmation as a permanent employee.

The Crown subsequently terminated his employment by Order in Council, relying on its statutory power to dismiss at pleasure under the Civil Service Act.

The Supreme Court of Canada held that the provisions for collective bargaining in the Civil Service Joint Council Act and the collective agreement displaced the Crown's unilateral power to dismiss at pleasure.

The appeal was allowed, and the grievance was directed to arbitration.