Subpoena, Search Warrant and Production Order


Constructions Louisbourg, owned by Antonio Accurso, pleaded guilty in December 2010, to fraud, based on charges brought by the Canada Revenue Agency. The conviction came with a fine of over $4 million.

Radio-Canada broadcast a news report and published an article on their website to this effect. A few days after the broadcast a sealing order was granted on the file, at the request of Constructions Louisbourg.

Constructions Louisbourg asked for Radio-Canada to be found in contempt of court for violating the judge`s Order, and for violating the confidentiality of the file.

Radio-Canada took the position that they had not violated the Order or the confidentiality and that Constructions Louisbourg was seeking to gag Radio-Canada and its journalists and wished to obtain the identity of a confidential source.

Radio-Canada was not found in contempt of court. And, after applying the Wigmore test, the court found that the identity of the confidential source should not be revealed.