Media organizations applied for access to previously sealed informations to obtain (ITOs) relating to a production order and search warrant issued during a criminal investigation.
The accused sought continuation of a publication ban, arguing that publication of intercepted communications referenced in the ITOs would compromise his right to a fair trial on an extortion charge.
Applying the Dagenais/Mentuck test, the court held that the accused failed to demonstrate a real and serious risk to trial fairness, given existing publicity, the passage of time before trial, jury instructions, and the challenge for cause process.
A third party mentioned in the ITOs argued that publication would damage his reputation, but the court held that third parties generally lack standing to seek publication bans absent exceptional circumstances.
The court concluded that the open court principle prevailed and lifted the remaining publication bans.
