An Ontario judge has decided that the identity of a person known only as “Applicant X” in Canada’s bread price-fixing scandal should remain anonymous and the information tied to that person be mostly subject to a publication ban.
Redactions in eight paragraphs of a key court document filed by the Competition Bureau – made by the court at X’s request – should largely remain, Justice Lynn Ratushny of Ontario Superior Court has decided.
X, an alleged participant in the price-fixing conspiracy, sought an order prohibiting publication of information that reveals that person’s identity.
The bureau’s document, partly released in court in January, backs up its request to search and seize documents in the matter. The bureau has alleged that Canada’s top two bread makers, Canada Bread Co. Ltd. and Weston Bakeries Ltd., launched a campaign to fix the price of bread products with the co-operation of some of the country’s largest retailers more than 14 years ago.
No charges have been laid.
Judge Ratushny said: “I accept that an appropriate balance has been struck by the requested non-publication order, subject to the three exceptions, between protecting the important public interest in and access to the information leading to the issuance of the search warrants, and the serious risk of prejudice to the innocent person-applicant if the applicant’s identity were revealed at this time.”
Grocery giant Loblaw Cos. Ltd. and its parent George Weston Ltd., which also owns Weston Bakeries, have admitted participating in what they called an industry-wide price-fixing scheme for bread, and, in return, got immunity from criminal charges in exchange for co-operating in the investigation. Loblaw gave customers $25 gift cards this year in an effort to make amends and win back consumers’ favour.
“I agree the public has a great interest in and a right to know and understand the basis for the investigation and the resulting search warrants,” the judgment says.