Can sworn information to obtain a search warrant be made public?

Ontario, Canada


The following excerpt is from Look Communications Inc. v. Look Mobile Corporation, 2009 CanLII 71005 (ON SC):

In MacIntyre v. Nova Scotia, 1982 CanLII 14 (SCC), [1982] 1 S.C.R. 175, it was held that sworn information to obtain a search warrant could not be made available to the public until the search warrant had been executed. In that case, Dixon J. (as he then was) for the majority noted that the case law did not distinguish between judicial proceedings which are part of a trial and those which are not, and that subject to a few well-recognized exceptions, all judicial proceedings should be in public. He held that the presumption was in favour of public access and the burden of contrary proof lay upon the person contending otherwise.

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