Sharmila M. Clark

The applicants, police officers facing criminal charges, brought a motion for a publication ban and a sealing order regarding a confidential report by the Chief of Police.

The report was filed in support of an application for leave to serve notices of hearing under the Police Services Act.

The applicants argued that media access to the report would prejudice their right to a fair trial and risk witness tainting.

The court applied the Dagenais/Mentuck test and dismissed the motion, finding that the applicants failed to demonstrate a serious risk to the administration of justice, as the report was general in nature and alternative measures like challenges for cause were available.

The moving party, the Chief of Police, brought a motion to have two applications for judicial review heard at the same time pursuant to Rule 6.01(1).

Both applications arose from a decision of the Toronto Police Services Board regarding the delay in serving notices of hearing under the Police Services Act.

The court found that the applications arose out of the same transaction or occurrence and shared common questions of law and fact.

To avoid a multiplicity of proceedings and inconsistent results, the court granted the motion and ordered the applications to be heard together.