R. v. Edwardsen

R. v. Edwardsen

The application for an in-camera Basi review of the redacted source materials is dismissed because the accused failed to show the requisite reasonable likelihood that such a review would assist the court; the Basi threshold applies, Crown affidavit evidence and authorities establish that privilege and vetting issues...

Source-derived case information.

Citation
2015 BCSC 1659
Parties
Crown: Regina; Accused: David Harry Edwardsen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 September 2015
Procedural Posture
Criminal Challenge to Tracking Warrant and Related Disclosure / Pre Trial Basi Application to Review Redactions of Source Materials (preliminary Disclosure Hearing)
Outcome
Application dismissed
Legal Topics
Basi Procedure, Garofoli Review, Information to Obtain (ito), Source Handler Notes (shns) and Source Debrief Reports (sdrs), Reasonable Likelihood Threshold for in Camera Review, Vetting/redaction of Confidential Informant Materials
Source Language
english
Criminal Law Evidence Search and Seizure Disclosure Informer Privilege Basi Procedure Garofoli Review Information to Obtain (ito) +3 more

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Parties

Regina

Crown

David Harry Edwardsen

Accused

Procedural Posture

Criminal Challenge to Tracking Warrant and Related Disclosure / Pre Trial Basi Application to Review Redactions of Source Materials (preliminary Disclosure Hearing)

Legal Issues

  1. 1 Whether the accused met the reasonable likelihood threshold to justify an in-camera Basi review of redacted source materials
  2. 2 Whether Crown assertions of informer privilege and irrelevance over redactions can be assessed without court review of the unredacted materials
  3. 3 Whether discrepancies between the ITO and disclosed source materials require in-camera review

Ratio Decidendi

The application for an in-camera Basi review of the redacted source materials is dismissed because the accused failed to show the requisite reasonable likelihood that such a review would assist the court; the Basi threshold applies, Crown affidavit evidence and authorities establish that privilege and vetting issues can be assessed without court review in this case, and discrepancies are matters for the Garofoli warrant review rather than automatic unredacted disclosure.

Court Disposition

Application dismissed

Orders

  • Application for in-camera Basi review of the redactions to source handler notes and source debrief reports dismissed
  • No further disclosure of the redacted source materials ordered at this time