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Advisory: BCCLA in court on criminal defamation unsealing

Surrey – Tomorrow (Oct. 16), the BCCLA’s legal team will be in Surrey Provincial Court pursuing the unsealing of search warrant Information to Obtain (ITO).

The ITO was sworn by an RCMP officer to ask the Provincial Court to grant a search warrant for a New Westminster home in connection to a “criminal defamation” investigation involving another RCMP officer. During the search, the home owner’s computers and cell phones were taken.

“The continuing secrecy around this file is unacceptable; we shouldn’t have to go to court to get this information,” said David Eby, Executive Director of the BCCLA. “Why do we have the police seizing the computers of people who offend police officers? Why can’t the police use the civil trial process like everyone else?”

The BCCLA has been successful in partially unsealing the ITO, which is a document sworn by a police officer and presented to the court in order to obtain a search warrant. However, significant parts of the document remain sealed, including information about a New Westminster Police Department investigation and an informant relied on by the RCMP in this process.

“The police must justify using such heavy handed tactics to regulate the speech of citizens,” said Eby. “That this allegedly illegal speech involved an RCMP officer places a double duty on the RCMP to act transparently.”

The BCCLA is represented by Vancouver criminal defence lawyer Michael Bozic. The National Post, the Vancouver Sun, and the CBC have also applied to intervene in the matter.

Click here to read the partially unsealed ITO >>

What: Application to unseal criminal defamation search warrant materials.

When:  October 16, 2012 at 9:30 am

Where: Courtroom 106, Surrey Provincial Court, 14340 – 57th Avenue, Surrey

 

CIVIL LIBERTIES CAN’T PROTECT THEMSELVES