R v. Vice Media Canada Inc.
Posted December 5, 20172017 ONCA 231, 23 Admin. L.R. (6th) 66, 412 D.L.R. (4th) 531, 2016 CarswellOnt 3901; Lerners acted for the intervener, the Canadian Civil Liberties Association (CCLA). The CCLA opposed two components of the Superior Court of Justice decision regarding an RCMP production order: (i) the sealing of the police record that supported the production order; and (ii) the subjecting of un-redacted information to a temporary non-publication order. The appeal regarding the sealing order was allowed. The Court of Appeal found there was no basis for the application judge to redact two paragraphs in the sealing order. The two paragraphs contained obvious steps in police investigations such that disclosure would neither compromise future investigations nor create a serious risk to the administration of justice.