Update (7:00 p.m.): Chronicle Herald confirms injunction motion has been dismissed.
You have to wonder about what the possible claim here is of this ex-aide to Minister Raitt over this tape. While we don't know the arguments yet due to that publications ban on the courtroom proceedings, they'll presumably soon be revealed to we Canadians in the form of the judge's ruling.
So a private citizen is arguing that the tape is her personal property and should not be the subject of publication? Despite the tape having been made while in the employ of a cabinet minister? If you lose a tape recorder with such information on it, do you retain a right to prevent a news organization from publishing material of interest to the public on it?
Sources said MacDonnell, who resigned last week after another gaffe, left her tape recorder in a House of Commons washroom weeks ago and it eventually made its way into the hands of an Ottawa-based reporter for the Chronicle-Herald.
There is a public interest at stake here, in the form of the freedom of the press to report on matters of public interest. And a private claim being made by a former government staffer. Will be interesting to see what the judge does here. The judge is in a tricky position but hopefully, it will not be a punt.
Update (10:00 p.m.): The privacy argument was indeed what MacDonnell put forth, see report here.
For more on this topic, see: Blog Post Index: Medical Isotope crisis & Chalk River shutdown.