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The Supreme Court of British Columbia denied Mr. Bird access to juror names from his 1975 murder trial, finding juror privacy outweighed his stated need for a belated appeal.
The Court dismissed the appeal because the application judge properly exercised his discretion in refusing to grant declaratory relief on the ground that the declarations would serve no practical purpose and would not affect the existing dispute between the parties, given that MAG lacked authority to compile or disclose judicial administrative data and control over such disclosure resides with the judiciary under the constitutionally protected principle of judicial independence.
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Google LLC was granted access to the trial file and exhibits, subject to an undertaking, in post-trial proceedings concerning a proposed permanent injunction and related access issues.
The Federal Court dismissed Double Diamond’s motion to keep its financial statements confidential, finding it failed the Sierra Club test for sealing.
The court granted non-party access to expert reports filed as exhibits, finding the open court principle applied and no serious risk to an important public interest.
The Court of Appeal dismissed an application for the unedited transcript of oral reasons, holding there is no automatic right to it and the applicant had not shown it was in the interests of justice.
The court reviewed redactions in warrant and affidavit materials under the open court principle, releasing many portions but continuing others where justified by investigative risks.
The motion judge granted the stay of this court's May 8, 2019 order because the moving parties satisfied s.65.1(2) and met the low threshold of showing a serious issue; refusal of a stay would cause irreparable harm by rendering the leave application and any subsequent appeal moot (disseminating potentially protected materials); and the balance of convenience favoured preserving the status quo. The judge declined to order redactions or re-adjudicate the original merits on a stay motion.
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The appeal is allowed and the December 2017 order making the temporary sealing order permanent is set aside because the psychometric testing documents were no longer in the court's possession, the motion judge could not properly apply the Sierra Club/Dagenais/Mentuk necessity and proportionality test without examining the exhibits, and the public interest in access (including for cross-examination) had not been adequately weighed.
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Because the appeal had been quashed by the panel, the Court of Appeal no longer had jurisdiction to consider the moving party's written motion; accordingly the motion was dismissed for lack of jurisdiction, with direction that audio recordings remain available only upon completion of the standard Request Form/Undertaking and no court-wide obligation to publish motion reasons on the website was imposed.
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