Motion Brief - Phoenix Sinclair Inquiry

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IV.
Evidentiary Issues
A. Introduction
15. The Media Group has filed Notices of Motion seeking to strike out portions of the
affidavits filed on behalf of the Applicants (the “Motions to Strike”).
16. The Media Group is seeking to expunge:
(a)
Exhibit “B” to the Affidavit of Evelyn Wotherspoon;
(b) Portions of the Affidavit of Janet Kehler, June 27, 2011;
(c)
(d)
(e)
(f)
(g)
Portions of the Affidavit of Elizabeth McLeod;
Portions of the Affidavit of Bruce Rivers;
Portions of the Affidavit of Shirley Cochrane;
Portions of the Affidavit of Gwendolyn Gosek; and
Portions of the Affidavit of Scott Clark.
17. The Motions to Strike identify the particular paragraphs of the affidavits that are
not admissible and specify the grounds applicable to each paragraph.
18. The following section is an overview of the legal principles upon which the Media
Group will rely in respect of the Motions to Strike.
B. Application of the rules of evidence to the motion for a publication ban
19. Although relaxed rules of evidence may apply in respect of the development of
the recommendations at a public inquiry, a motion for a publication ban involves a