The Crown appealed a trial judge's refusal to grant a full publication ban protecting both the identities of undercover police officers and the operational methods used in their investigation of the accused.
The Supreme Court of Canada first confirmed it had jurisdiction to hear a direct appeal of a publication ban order under s. 40(1) of the Supreme Court Act.
The Court then reformulated the Dagenais test for publication bans, holding that a ban should only be ordered when necessary to prevent a serious risk to the proper administration of justice and when its salutary effects outweigh its deleterious effects on free expression and the right to a public trial.
Applying this test, the Court upheld the trial judge's decision to grant a one-year ban on the officers' identities but refuse a ban on the operational methods.
