The applicants, a media organization and its reporter, sought to revoke or stay the enforcement of a production order compelling them to turn over communications with an alleged ISIS recruiter.
The Supreme Court of Canada had previously upheld the validity of the order.
The applicants argued that recent reports from CENTCOM indicating the target was killed in an airstrike rendered the order moot and its enforcement an abuse of process.
The Superior Court held that the applicants were estopped from relitigating the order's validity.
Furthermore, the court found that because the RCMP had been unable to independently verify the target's death, their decision to continue the investigation and enforce the order was reasonable and did not constitute an abuse of process.
