At issue was an appeal of a Court of Queen's Bench refusal of a request by CTV Television Inc. for access to a videotape of a confession for rebroadcast. Justice John Scurfield found that protecting Erron Hogg's privacy was not a good enough reason to not release the video, but he refused to release it on other grounds -- that it might lead to fewer accused persons agreeing to be videotaped for fear of seeing themselves on television. Appeal Court Justice Michel Monnin, however, overturned that decision, finding that Judge Scurfield had no evidence that possible fear of television exposure would result in greater reluctance to have statements videotaped. "The judge erred when he based his conclusion on common sense and logic alone, without the benefit of real and substantial evidence." He ordered the tape be released to CTV.