What is the test for obtaining a sealing order for a search warrant?
Canada (Federal), Canada
The following excerpt is from Toronto Star Newspapers Ltd. v. Ontario, [2005] 2 SCR 188, 2005 SCC 41 (CanLII):
18 Once a search warrant is executed, the warrant and the information upon which it is issued must be made available to the public unless an applicant seeking a sealing order can demonstrate that public access would subvert the ends of justice: Attorney General of Nova Scotia v. MacIntyre, 1982 CanLII 14 (SCC), [1982] 1 S.C.R. 175. “[W]hat should be sought”, it was held in MacIntyre, “is maximum accountability and accessibility but not to the extent of harming the innocent or of impairing the efficiency of the search warrant as a weapon in society’s never-ending fight against crime” (Dickson J., as he then was, speaking for the majority, at p. 184).
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