In Sierra Club of Canada v. Canada (Minister of Finance), [2002] S.C.R. 522 Iacobucci J. stated that a sealing order would be granted when: (1) such an order is necessary to prevent a serious risk to an important interest, including a commercial interest, in the context of litigation because reasonably alternative measures will not prevent the risk; and (2) the salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh the deleterious effects, including the effects on the right to free expression, which in this context includes the public interest in open and reasonable court proceedings.
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