COURT OF APPEAL FOR ONTARIO

CITATION: The Toronto Police Association v. Canadian Broadcasting Corporation Sun Media (Toronto) Corporation, 2008 ONCA 297

DATE: 20080421

DOCKET: C47701

JURIANSZ, MACFARLAND and WATT JJ.A.

BETWEEN:

THE TORONTO POLICE ASSOCIATION

Appellant

and

CANADIAN BROADCASTING CORPORATION SUN MEDIA (Toronto) CORPORATION

Respondents

David Butt for the appellant

Iain A.C. Mackinnon for the respondents

Heard & released orally: April 15, 2008

On appeal from the order of Justice Ian V.B. Nordheimer of the Superior Court of Justice dated August 20, 2007.

ENDORSEMENT

[1] The appellant appeals from the decision of the application judge unsealing search warrant material, specifically the names of certain police officers who are mentioned in the material but have never been charged with any offence.

[2] In the particular circumstances of this case, the application judge decided the public interest in open justice outweighed the privacy interests of the named officers. He applied the proper test. He also considered whether a publication ban was a reasonable alternative measure that could protect the officers’ privacy interest. He provided detailed reasons for his conclusion that the material should be unsealed and not subject to a publication ban. We are not persuaded that there is any basis for interfering with his decision.

[3] The appeal is dismissed. This judgment is stayed for twenty-one days to permit the appellant to consider a further appeal.

“R.G. Juriansz J.A.”

“J. MacFarland J.A.”

“David Watt J.A.”