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Court File No. CNJ6835

THE HONOURABLE

ONTARIOSUPERIOR COURT OF JUSTICE) THURSDA Y, THE 7TH)) DAY OF JANUARY, 2010USTICE TAYLOR

BETWEEN:CANADIAN BROADCASTING CORPORATION

Applicant- and-

HER MAJESTY THE QUEENRespondent

. - and -

VALENTINO BURNETT, KAREN EVES, BLAINE PHIBBSAND TRAVIS MACDONALDRespondents

- and-

WATERLOO REGIONAL POLICE SERVICERespondent

ORDERTHIS APPLICATION, made by the Applicant, Canadian Broadcasting Corporation

("CBC"), for an Order (a) granting a writ of certiorari quashing the decision of theHonourable Justice Carr of the Ontario Court of Justice rendered on September 16, 2009, inwhich Justice Carr refused to exercise his jurisdiction to hear CBC's application for access tocourt exhibits filed at a preliminary inquiry, and (b) granting CBC access to court exhibitswith the right to copy, reproduce, edit, publish, and broadcast such exhibits, was heard onDecember 22 and 23, 2009 and followed by telephone conferences on January 5 and 6, 2010,at Kitchener, Ontario.

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ON READING the Application Record, Supplementary Application Record andFactum filed by CBC, the Responding Record, Supplementary Responding Record andFactum filed by the Correctional Service of Canada ("CSC"), the Responding Record,Supplementary Responding Record, Factum and Supplementary Factum filed by the Office ofthe Chief Coroner (the "Coroner"), and on hearing the submissions of the lawyers for CBC,the CSC, the Coroner and the Waterloo Regional Police Service ("WRPS"), no one appearingfor Valentino Burnett, Karen Eves, Blaine Phibbs or Travis MacDonald, although properlyserved as appears from proof of service.L THIS COURT ORDERS that the Coroner and CSC be added as Respondents to thisApplication;2. THIS COURT ORDERS that access to the exhibits deposited and filed with this Court

by WRPS be restricted to access by counsel in this matter (subject to the other terms set out inthis Order) until the appeal period from this Court's decision has expired, at which time thematerial is to be forwarded to the Officer of the Chief Coroner;3. THIS COURT ORDERS a writ of certiorari quashing the decision of Justice Carrdated September 16, 2009;4. THIS COURT ORDERS that CBC is entitled to access to make or obtain copies of thefollowing exhibits:

(a) Photographs: Exhibit 4, Exhibit 6, Exhibit 7, Exhibit 8, Exhibit 9, Exhibit 44;(b) Audio Recordings and Transcripts: Exhibit 18, Exhibit 18A, Exhibit 19,

Exhibit 19A, Exhibit 21, Exhibit 21A, Exhibit 22, Exhibit 22A, Exhibit 23,Exhibit 23A, Exhibit 24, Exhibit 24A;

(c) Documents: Exhibit 27, Exhibit 29, Exhibit 36, Exhibit 37, Exhibit 38, Exhibit40.

5. THIS COURT ORDERS that CBC is entitled to access to make or obtain copies ofthat portion of Video Recording Exhibit 34 from 2:05 to 2: 1 0:53;6. THIS COURT ORDERS that CBC is entitled to access to make or obtain copies of

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that portion of Video Recording Exhibit 41 from 9:02:50 to 9:04:25;7. THIS COURT ORDERS that a representative of CBC is entitled to access to viewVideo Recording Exhibit 25 for a maximum of three times, from the beginning of therecording until 7:01:31, but that no copies are to be made; with the CBC representativepermitted to pause and rewind the recording as he or she feels necessary during each viewing;8. THIS COURT ORDERS that CBC is denied access to Video Recording Exhibits 33and 42;9. THIS COURT ORDERS that, for the exhibits that CBC is entitled to make or obtaincopies of, the following conditions apply:

(a) The face of any Corrections Officer or other person who has not consented totheir face being shown is to be digitally obscured on the video recordings;

(b) The audio recordings are to be edited so that the names of any CorrectionsOfficer or other person who has not consented to their names being broadcastare removed;

( c) The copying and editing of the audio and video recordings must be done so asto maintain the integrity of the original recording;

(d) The names of any persons other than Ashley Smith and the four CorrectionsOfficers who were charged in relation to the death of Ashley Smith are to beremoved from any paper exhibit;

(e) The exhibits are to be used solely for use in a documentary by thefiflh estate;(1) No copies are to be made of any of the exhibits other than for use in the

documentary by the fifth estate;(g) The copies of the exhibits are not to be posted on any internet site except as

the documentary by thefflh estate.in Book He. C I aI Document ND. ; ~ y-

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