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Abergel argued there is no evidentiary basis for the sealing order apart from “bald assertions” contained in an affidavit prepared by a police officer about a conversation between MacLeod and Cunningham.

Dearden argued the Crown has not met its evidentiary burden to convince Ontario Court Justice Norm Boxall to impose the publication ban and sealing order.

“It is shocking to have a minister of the Crown making preconditions to the court — that I will give my input only if you do this. You can’t have it both ways,” Abergel said.

“She’s a minister and deserves to be protected, but Ms. MacLeod doesn’t get to say whatever she wants. The public gets to hear what it is she’s claiming the effects are from a single mother of an autistic child and these emails that had an apparently devastating effect on her life.”

The Crown countered by arguing MacLeod should not be forced to “pay a privacy toll” in order to participate, as a victim of crime, in the administration of justice.

MacLeod is in a “different position,” Cunningham said, because of the public nature of the work she does and the notion that “public perception is critical to her ability to do her job.”

“The risk is not the trauma to Ms. MacLeod from having private and intimate details of her life being made public,” Cunningham said.

“The argument here is different because the risk is that without the order, the court will be deprived of relevant, important information on sentencing. And the victim will be denied of the right to participate in the administration of justice.

“At the end of the day the media will not be publishing the contents of a victim impact statement by Ms. MacLeod. If the order is not made, there will be no victim impact statement filed.”

The judge will decide on the publication ban at a future hearing.

ahelmer@postmedia.com

Twitter: @helmera

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