Media organizations sought certiorari to review and set aside a decision refusing access to a sealed information to obtain (ITO) used to obtain search warrants in a large criminal investigation.
The Crown argued that disclosure was prohibited by s. 193 of the Criminal Code because the ITO contained references to non-consensual wiretap interceptions.
The court held that s. 193 is an offence-creating provision and does not govern public access to court materials; instead, access to a sealed ITO is governed by s. 487.3 of the Criminal Code informed by the Dagenais/Mentuck test and the open court principle.
Alternatively, even if s. 193 applied, the disclosure fell within the exception in s. 193(2)(a) because an ITO constitutes evidence given in a criminal proceeding.
The prior order denying access was set aside and the applicants were permitted to proceed with their application to vary or terminate the sealing order.
