The appellant media organization sought access to exhibits from a concluded murder trial to produce a television program.
The application judge dismissed the request, concluding that the court lacked jurisdiction to grant access simply for public access purposes once the open justice requirement had been met and the exhibits had been transferred to the police.
The Court of Appeal allowed the appeal, holding that the court's jurisdiction over its own records is anchored in the public policy favouring public access and does not vanish simply because the exhibits were filed in open court or transferred to the police.
The matter was remitted to the Superior Court for a hearing on the merits.