The Toronto Police Association v. Canadian Broadcasting Corporation Sun Media (Toronto) Corporation
The application judge correctly applied the balancing test between the open court principle and privacy interests, considered publication bans as an alternative, and properly concluded the public interest in disclosure outweighed the privacy interests of uncharged officers; the Court of Appeal found no grounds to...
Source-derived case information.
- Citation
- 2008 ONCA 297
- Parties
- Appellant: The Toronto Police Association; Respondent: Canadian Broadcasting Corporation Sun Media (Toronto) Corporation
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 21 April 2008
- Procedural Posture
- Civil / Appeal From Order Unsealing Search Warrant Material
- Outcome
- Appeal dismissed; judgment stayed for twenty-one days to permit the appellant to consider a further appeal
- Legal Topics
- Search Warrants, Unsealing of Court Records, Open Court Principle, Publication Bans, Privacy of Uncharged Individuals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Toronto Police Association
Appellant
Canadian Broadcasting Corporation Sun Media (Toronto) Corporation
Respondent
Procedural Posture
Civil / Appeal From Order Unsealing Search Warrant Material
Legal Issues
- 1 Whether search warrant material should be unsealed
- 2 Whether the public interest in open justice outweighs the privacy interests of police officers who have not been charged
- 3 Whether a publication ban was a reasonable alternative to protect privacy
Ratio Decidendi
The application judge correctly applied the balancing test between the open court principle and privacy interests, considered publication bans as an alternative, and properly concluded the public interest in disclosure outweighed the privacy interests of uncharged officers; the Court of Appeal found no grounds to interfere and dismissed the appeal.
Court Disposition
Appeal dismissed; judgment stayed for twenty-one days to permit the appellant to consider a further appeal
Orders
- Appeal dismissed
- Order unsealing search warrant material affirmed
Full Case Text
Judgment text and source record
1 paragraphs
The Toronto Police Association v. Canadian Broadcasting Corporation Sun Media (Toronto) Corporation Collection Decisions of the Court of Appeal Date 2008-04-21 Neutral citation 2008 ONCA 297 Docket numbers C47701 Judges Juriansz, Russell G.; MacFarland, Jean Louise; Watt, David Subject Civil Decision Content CITATION: The Toronto Police Association v. Canadian Broadcasting Corporation Sun Media ( Toronto) Corporation, 2008 ONCA 297 DATE: 20080421 DOCKET: C47701 COURT OF APPEAL FOR ONTARIO JURIANSZ, MACFARLAND and WATT JJ.A. BETWEEN: THE TORONTO POLICE ASSOCIATION Appellant and CANADIAN BROADCASTING CORPORATION SUN MEDIA ( Toronto) CORPORATION Respondents David Butt for the appellant Iian A.C. Mackinnon for the respondents Heard & released orally: April 15, 2008 On appeal from the order of Justice Ian V.B. Nordheimer of the Superior Court of Justice dated August 20, 2007. ENDORSEMENT [1] The appellant appeals from the decision of the application judge unsealing search warrant material, specifically the names of certain police officers who are mentioned in the material but have never been charged with any offence. [2] In the particular circumstances of this case, the application judge decided the public interest in open justice outweighed the privacy interests of the named officers. He applied the proper test. He also considered whether a publication ban was a reasonable alternative measure that could protect the officers’ privacy interest. He provided detailed reasons for his conclusion that the material should be unsealed and not subject to a publication ban. We are not persuaded that there is any basis for interfering with his decision. [3] The appeal is dismissed. This judgment is stayed for twenty-one days to permit the appellant to consider a further appeal. “R.G. Juriansz J.A.” “J. MacFarland J.A.” “David Watt J.A.”