November 5, 2013
THE Globe and Mail and Others v. HMQ, 2013 ONSC 6836

The applicants were seeking, by way of certiorari, to have a lower court judgment set aside, in which they were denied access to an ITO. The issue being determined at this stage was whether s. 193 of the Criminal Code prohibits the disclosure of the ITO to the applicants. S. 193 provides complete prohibition against the disclosure of non-consensual interceptions subject only to the exceptions set out in s. 193(2). Nordheimer J., set aside the lower court judgment and found that even if s. 193(1) does operate as a blanket prohibition against the disclosure of non-consensual intercepted private communications the ITO at issue was covered by the exemption in s. 193(2)(a).