Tom Athan Andreopoulos

Media organizations applied for access to and the ability to publish the contents of an Information to Obtain supporting a search warrant in a major police investigation.

The Provincial Crown and an accused sought a publication ban on references to non-consensual intercepted private communications, arguing protection of the wiretap regime and fair trial rights.

Applying the Dagenais/Mentuck test, the court held that generalized concerns about the wiretap regime and speculative risks to a future jury trial were insufficient to justify restricting openness.

The court emphasized the strong presumption of open courts and the public interest in scrutiny of judicial authorizations and police investigations.

Balancing the competing interests, the court concluded that the salutary effects of a publication ban did not outweigh the significant deleterious effects on freedom of expression and public accountability.

The accused applied under ss. 462.34 and 462.341 of the Criminal Code for the release of $500,000 from seized currency subject to restraint and management orders to fund his legal defence in pending drug trafficking and murder proceedings.

The Crown and an intervening execution creditor opposed the application.

The court held that the applicant failed to establish that he had no other assets or means available and failed to demonstrate that no other person had a lawful ownership or possessory interest in the seized funds.

In particular, the intervenor held a registered restitution and civil judgment enforceable under the Execution Act, and another person potentially claimed an interest in the currency.

The statutory prerequisites for release of seized property were therefore not met.

Media organizations applied for access to portions of a sealed information to obtain (ITO) used to secure a search warrant in a criminal investigation.

The Crown had released a version with extensive edits, including redactions relating to innocent third parties.

Applying the open court principle and the Dagenais/Mentuck test under s. 487.3 of the Criminal Code, the court held that the Crown failed to establish a serious risk to the administration of justice justifying continued secrecy.

Assertions that the redacted material constituted non‑essential narrative or could harm innocent persons were unsupported by evidence.

The court ordered disclosure of the redacted material subject to limited exceptions for personal identifiers, certain references involving the mayor’s spouse, and portions potentially affecting the accused’s fair trial rights.