Canada (Attorney General) v. Ortis, docket DES-5-20

ORDER

UPON the Attorney General of Canada applying under section 38.04 of the Canada Evidence Act, RSC 1985, c C-5 (CEA), for an order with respect to the disclosure of information about which notice was given under section 38.01 of the CEA;

AND UPON five additional documents (AGC1549, AGC1550, AGC1551, AGC1552 and AGC1553) having been put before the Court pursuant to Notice 9;

AND UPON considering the background to this matter set out in the Court’s previous Orders and Reasons;

AND UPON considering the oral representations by counsel for the Attorney General of Canada (AGC) and by the amicus curiae on October 20, 2023;

AND UPON Cameron Jay Ortis and the Director of Public Prosecutions having declined the opportunity make representations to the Court;

AND UPON considering that the AGC and the amicus curiae have arrived at a joint position regarding the information that should remain redacted in the five documents and regarding certain summaries and word-substitutions;

AND UPON considering the test set out in Canada (Attorney General) v Ribic, 2003 FCA 246, [2005] 1 FCR 33;

AND UPON considering the information in issue in the five documents;

THIS COURT ORDERS that

1. Pursuant to subsection 38.06(2) of the CEA, the summaries and word-substitutions set out in the documents attached hereto as Appendix A are ordered disclosed;

2. Pursuant to subsection 38.06(3) of the CEA, the prohibition of disclosure of the remaining redacted information in the documents attached hereto as Appendix A is confirmed;

3. For the reasons stated in Canada (Attorney General) v Ortis, 2021 FC 737, this Order shall not be published in any document, or broadcast or transmitted in any way before the criminal trial of Cameron Jay Ortis in the Ontario Superior Court of Justice has concluded;

4. For greater certainty, the foregoing term does not apply to the filing of this Order at the Ontario Superior Court of Justice;

5. Subject to further Order of the Court, the Registry shall not make this Order available to any member of the public before the criminal trial of Cameron Jay Ortis in the Ontario Superior Court of Justice has concluded.

APPENDIX A