SUPERIOR COURT OF JUSTICE - ONTARIO
Court File No.: CRIM J(S) 1557/11
Date: 20140425
RE: R. v. Hersi
Before: Baltman J.
Counsel:
Iona Jaffe/James Clark, for the Respondent
Paul Slansky, for the Appellant
ENDORSEMENT
[1] Mr. Hersi is on trial for two terrorism offences. One of the key witnesses is an undercover officer, who met with Mr. Hersi on approximately thirty occasions. The last eleven conversations were recorded pursuant to a consent wiretap authorization under s. 184.2 of the Criminal Code. The audio recording of those conversations has been made an exhibit.
[2] The legal department of the CBC has requested a copy of the audio recording.
[3] In principle, neither Crown nor Defence counsel is opposed to the request. However, at the outset of trial and at the Crown’s request (unopposed by the defence), I made an order prohibiting the publication of any details that might identify the undercover officer. This was done to preserve his ability to work in an undercover capacity in the future.
[4] I agree with the Crown that the non-publication order would include a ban on broadcasting or transmitting the officer’s voice, as that would jeopardize his ability to work undercover in the future.
[5] Consequently, the CBC is entitled to a copy of the audio recording, on these terms:
• Its legal representative shall first sign the enclosed undertaking, agreeing to abide by the terms of the non-publication order;
• The CBC shall not broadcast or transmit the officer’s voice.
[6] If the CBC takes issue with this Order, it may, in writing, seek a motion with the court.
Baltman J.
DATE: April 25, 2014
COURT FILE NO.: CRIM J(S) 1557/11
DATE: 20140425
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: R. v. Hersi
BEFORE: Baltman J.
COUNSEL: Iona Jaffe/James Clark, for the Respondent
Paul Slansky, for the Appellant
ENDORSEMENT
Baltman J.
DATE: April 25, 2014