Inside the Toronto Star Chamber
A grisly double murder in Toronto's north end shocked the city. Five years on and investigators have no known suspects. One interesting facet of the probe relates to a monumental court challenge.
In late December 2017, the bodies of Barry and Honey Sherman were discovered in the basement pool room of their North York mansion, setting off a captivating true crime story reminiscent of a Hollywood film. Despite extensive investigation, the case remains unsolved. Toronto Star Chief Investigative Reporter Kevin Donovan has emerged as the foremost authority on the probe.
Donovan describes it as a classic "whodunnit," and his battle to unseal court documents related to the case has brought law and media ethics to the forefront. His petition for access to the coveted Sherman estate files reached the Supreme Court of Canada, resulting in an important decision in Sherman Estate v. Donovan (2021). The high court sided with Donovan and the Toronto Star, emphasizing the importance of avoiding a return to the oppressive practices of the Star Chamber.
The Star Chamber, a remnant of English Law, was initially established to address matters involving the influential and powerful. However, it devolved into that which it had been designed to protect against - a corrupt body that operated outside the boundaries of the law. Decision-making was shrouded in secrecy, and acts of mutilation and imprisonment were carried out without oversight or regulation. The English Civil War prompted a revaluation of the law, leading to the eventual abolition of the Star Chamber.
The Supreme Court would highlight Donovan’s case as follows:
“In the Toronto Star’s view, while privacy can be an important interest where it evinces a public component, the Trustees have only identified a subjective desire for the affected individuals in this case to avoid further publicity, which is not inherently harmful. According to the Toronto Star and some of the interveners, the Trustees’ position would allow that measure of inconvenience and embarrassment that arises in every court proceeding to take precedence over the interest in court openness protected by the Canadian Charter of Rights and Freedoms in which all of society has a stake.”
In essence, the court recognized the so-called open-court principle and its constitutional grounding. The principle recognizes the connection between public trust and understanding of the legal system, and the need for open access and public transparency.
In the Sherman case, initial missteps by the police hindered the investigation. Lawyer Brian Greenspan, leading a private investigative effort on behalf of the family, meticulously outlined several specific mistakes made by the Toronto Police Service a year into the probe. Consequently, tense relationships had developed between the police and the now-defunct private investigative team, as well as between investigators and the media.
In a new world where debates around free speech and free expression rule the day, much too little attention has been placed at the feet of Donovan and the bold newspaper wise enough to back his skillful reporting. On the Sherman file there is much to find attractive – palace intrigue into the family’s functioning, the allure of the Billionaire succession battle, and amongst the most captivating true crime stories you ever will read about.
Beyond these eye-catching themes, the Sherman case, and Donovan’s court petition represent the best of Canada. A defiant defense of our cherished system of law and the wisdom found within – all at the hands of a win from the underdog.
Toronto Police Service state they have a “theory” of the case and an idea of what happened. Donovan suggests a theory of his own, and a “belief” as to who did it.
A lot more to come.