Can a sealing order be issued pending completion of a police investigation?
British Columbia, Canada
The following excerpt is from Postmedia Network Inc. v. Her Majesty the Queen, 2019 BCPC 267 (CanLII):
On the issue of timing, however, there is no entitlement, per se, to a sealing order pending completion of a police investigation. Rather, the presumption of openness arises immediately upon execution of the authorization to search, and the matter must thereafter be assessed contextually. This was discussed by the Ontario Superior Court of Justice in HMTQ v. Minassian, 2019 ONSC 4455 at para. 63:
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