Subpoena, Search Warrant and Production Order

CBC Radio-Canada c Joly et SPPC 2017 CSQ

CBC/Radio-Canada contested a production order for two interviews done by journalist Alain Gravel with persons who are now accused in the Canada Revenue Agency corruption case.

The Court dismissed the Motion and ordered communication of the interviews.

However, two points are interesting in the decision: First, the Application for Review of a production order under section 487.0193 of the Criminal Code was used in argument on behalf of CBC and the judge accepted to apply the test of Lessard through this remedy rather than through certiorari.

Second, Joly J. accepted that the police should have made efforts to meet with the suspect and should have demonstrated their failure to obtain the expected evidence before asking for a production order. Nevertheless, she determined that this was not enough to review the order.