Sentences with phrase «informer privilege»

There is little difficulty in understanding the first half of the SCC's requirement for lawful attack on informer privilege — if you're going to try to reveal a C.I.'s identity you still have to obey the law while doing that.

Criminal Law: Informer Privilege R. v. Named Person B (Que.

On July 10th, the British Columbia Court of Appeal dismissed an appeal from an order which allowed defence counsel to be present at an in camera hearing to determine whether informer privilege was validly claimed.

The Supreme Court of Canada this morning created a journalist - source privilege, whose application it said was to be determined case by case, as distinct from a «class - based privilege» like solicitor - client privilege or police - informer privilege where the fact that the witness belongs to the specified class in the specified relationship is enough to establish privilege.

Balancing these competing issues, Canadian law has long recognized a qualified informer privilege.

The foundation for the criminal charges against Barros rested on his breach of the classic informer privilege — a concept Barros would have been well familiar with from his time as a police officer.

But what are the implications of a lawful attempt to pierce informer privilege, undertaken by lawful means «for an unlawful purpose»?

Prior to this decision, Beetz J. stated, in the case of Bisaillon v. Keable, 1983 CanLII 26 (SCC), [1983] 2 S.C.R. 60 at p. 96, that although there was no precedent on point, he would have no difficulty finding an action lies for damages for breach of informer privilege (para. 26).

In R. v. Barros, 2011 SCC 51, handed down yesterday, the Supreme Court ruled on whether the defence in a criminal matter is bound by the «informer privilege,» deciding that it is not so bound.

(para. 35) A number of limits may apply to disclosure: private interest of unrelated individuals, informer privilege, and others.

On appeal, the police argue the Trial Judge erred in finding a promise of confidentiality, that the elements necessary for a claim of damages for breach of informer privilege are lacking, and that the damage award is excessive.

The Court of Appeal stated that it was not referred to any cases in which damages for breach of informer privilege had been awarded (para. 26).

There is a publication ban in this case, as well as a sealing order in the context of whether tipline callers are entitled to informer privilege.

The centrepiece of informer privilege is the protection of the identity of the informer.

On appeal, the Crown argued the judge made an order that contemplated disclosure of the informant's identity that was improper in light of the strict nature of the informer privilege.

Ryan J. relied heavily on the Supreme Court of Canada's recent decision in Named Person, which stresses that the informer privilege is a class - based rule which can only be abridged if necessary to establish innocence at stake in a criminal trial.

Finally, she held that section 37 of the Canada Evidence Act does not alter the substance of the informer privilege (despite its reference to a balancing of interests):

Informer privilege is what keeps people who talk to the police about murderers and drug dealers alive.

(I'm embarrassed to admit that I had no idea that there was an «informer privilege,» a law that at first blush strikes me as unsavoury, regardless of any instrumentality it may have.)

Durham Regional Crime Stoppers Inc. v. R., 2016 ONSC (37052) Are tipline callers entitled to informer privilege.

«Settlement privilege is not to be approached, or treated, in the same fashion as solicitor / client privilege or informer privilege.

The state of the law post-Barros guarantees that defendants who have succeeded in piercing the veil of informer privilege will sit on that information until cross-examination at their trials when the information might lawfully be used to undermine the credibility of an informant witness.

But, what if the accused takes his own steps to pierce the veil of informer privilege?

The Court has made clear, however, that the right to make full answer and defence does not alone trigger an exception to the informer privilege: Leipert, at paras. 23 - 25.