Protecting Canada’s open courts

An Ontario Superior Court Judge has protected the principle of open courts - even when journalists aren’t in the courtroom. In his August 11, 2026 decision, Justice Owen Rees dismissed the Crown’s application for a publication ban in a case involving the man who once made national headlines in the so-called ‘robo-calls scandal’.

In 2011, Michael Sona was a federal Conservative Party operative in Guelph, Ontario who helped develop and was later found guilty of participating in a vote suppression scheme.

In this instance, Sona is alleged to have assaulted his former intimate partner. In advance of the trial, the Crown prosecutor asked the court to protect the identity of the former partner by implementing a publication ban.

Only one journalist was present in the courtroom that day. When they didn’t immediately oppose the ban, the prosecutor argued that the judge should grant their request.

Judge Rees disagreed. “It cannot be inferred that simply because the media has not responded to or opposed the requested application that the public or media interest in reporting on court proceedings is diminished,” he wrote.

“Neither the weighing of the open court principle nor freedom of expression should depend on whether the media responds to an application. The fact that the media is not opposing the application does not lessen the importance of these constitutional principles,” continued Judge Rees.

The judge also highlighted how the traditional funding model for traditional media has collapsed and led to newsroom closures and layoffs. Data from the Toronto Metropolitan University’s local news research project suggests that more than 600 news outlets have closed across Canada since 2008. Most recently, Rogers eliminated six radio stations, including News Radio in Halifax, Kitchener and Calgary.

Where media corporations have downsized, fewer journalists have fewer resources to report on the news and events in their communities. Layoffs have also limited the ability of journalists to attend lengthy trials and hearings. In addition, most news outlets can no longer afford to hire media lawyers to challenge publication bans.

As a result of the decision from Judge Rees, Sona’s trial will be open and accessible to all reporters. Most importantly, the public will have the opportunity to follow along and understand the eventual outcome. Judge Rees’ decision is also written in clear and accessible language, if you’d like to read it yourself.