Is a sealing or non-publication order enforceable in common law?

Saskatchewan, Canada


The following excerpt is from Re : Criminal Code s. 487.3, Application of General Warrant, 2002 SKPC 45 (CanLII):

In reviewing sealing and non-publication orders pursuant to ss. 487.3 and 486 in Toronto Star Newspapers v. Ontario [2000] O.J. 2398 (Q.L.)(Ont. Sup. Ct. J.), Trafford J. noted at para. 36 with respect to s. 487.3 that: “This provision for all intents and purposes clarifies the common law practice which has evolved in Ontario to address the inherent jurisdiction of the court to control its own records to ensure that justice is done. Similar principles govern the common law authority of a court to make orders necessary to ensure the proper administration of justice....”

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