Ben Aissa Judgment 2016 Quebec Superior Court
From Ad IDEM / CMLA
This decision of the Quebec Superior Court (in French) confirms that the lower court judge made no reviewable error in holding that a publication ban issued at a bail hearing or a preliminary inquiry does not automatically apply to information in an ITO, even if that information is the same as the evidence tendered at either the bail hearing or preliminary inquiry.
The judge also rejected the alternative argument that the burden of proof under Dagenais/Mentuck was shifted to the media when the information is already covered by a publication ban at either hearing.
This judgment is in the context of hearings in 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.