R v Cabero et al 2016 ONSC 3844
From Ad IDEM / CMLA
The Court rejected an application by defence counsel for a publication ban over an ITO used to get DNA search warrants.
The three accused are Toronto police officers alleged to have sexually assaulted a female parking enforcement officer. Part of the basis for seeking the ban over the ITO was that a ban was obtained over what was described by counsel as very similar materials filed on a motion to remove defence counsel.
Media counsel successful argued that there was no evidentiary basis for the ITO ban and that it was a very different document from the motion materials (having formed the basis of a judicial order, being presumptively open and accessible once the warrant is executed, etc.).