500-36-006633-138 2016 Court of Quebec
From Ad IDEM / CMLA
The Court of Quebec allows the media to publish information contained in an ITO to obtain a restraint or freeze order even if that same information is covered by a publication ban in the bail hearing and in the ongoing preliminary inquiry.
In the context of a large-scale criminal investigation code-named "Laureat", regarding allegations of corruption in the financing, construction, and maintenance of contracts for the McGill University Health Center, several restraint orders for property were issued between February 2013 and September 2014. In support of the judicial authorizations for these restraint orders, police submitted ITOs summarizing information obtained during their investigations. The main issue in this motion was whether the media's rights regarding the content of these affidavits should be restricted.
The Court found that the ITO cannot be considered to be subject to publication bans imposed pursuant to ss. 517 and 539, as it was not evidence taken at the bail and preliminary hearings.
The overlap of information at issue and the necessity of ordering a partial publication ban can only be considered according to the Dagenais/Mentuck analysis...