Omar v. CBC


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In this case the Ontario Court of Appeal quashed the appeal by the Crown and the Accused for lack of jurisdiction.

This decision will be helpful in future cases when the media is denied access to an exhibit or court document by the superior court in a criminal case that has already ended. Previously, most courts (and media lawyers) would say we had to seek leave to appeal to the SCC if a superior court denies us access to court documents/exhibits.

Now the C.A. has clarified that a party can appeal to the Court of Appeal to challenge a decision on access to court materials, as long as the criminal trial rights of the accused (such as the right to a fair trial) are no longer in issue. It will be helpful to any party that wants to appeal such a decision (crown and accused). An appeal to the C.A. is much more palatable and efficient than seeking leave to the SCC.

C.B.C v. Ontario & Omar, 2011 ONCA 624

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