R. v. Herman

R. v. Herman

The redacted portions of Chapter 14.5 of CATSA's Standard Operating Procedures are not disclosable because they are either not likely relevant to the accused's s.8 Charter challenge or are statutorily protected security measures under Aeronautics Act s.4.79 and CATSA Act s.32, and disclosure would jeopardize aviation security; consequently CATSA is not required to disclose the redacted information.

Citation
2017 BCSC 241
Parties
Crown: Regina; Third Party (catsa): Canadian Air Transport Security Authority; Accused: David Edward Herman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 February 2017
Procedural Posture
Criminal / In Camera Disclosure Application (pre Trial S.8 Charter Voir Dire)
Outcome
Application dismissed; CATSA need not disclose the redacted information in Chapter 14.5 of its Standard Operating Procedures
Legal Topics
Charter S.8 Search and Seizure, Third Party Disclosure, Public Interest Privilege, Statutory Confidentiality, Screening/security Measures
Source Language
English
Criminal Law Constitutional Law Administrative Law Aviation Security Law Charter S.8 Search and Seizure Third Party Disclosure Public Interest Privilege Statutory Confidentiality +1 more

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Parties

Regina

Crown

Canadian Air Transport Security Authority

Third Party (catsa)

David Edward Herman

Accused

Procedural Posture

Criminal / In Camera Disclosure Application (pre Trial S.8 Charter Voir Dire)

Legal Issues

  1. 1 Whether redacted portions of CATSA Standard Operating Procedures (Chapter 14.5) must be disclosed to the accused
  2. 2 Whether s.4.79 of the Aeronautics Act and s.32 of the CATSA Act prohibit disclosure
  3. 3 Whether the redacted material is likely relevant to the accused's s.8 Charter challenge

Ratio Decidendi

The redacted portions of Chapter 14.5 of CATSA's Standard Operating Procedures are not disclosable because they are either not likely relevant to the accused's s.8 Charter challenge or are statutorily protected security measures under Aeronautics Act s.4.79 and CATSA Act s.32, and disclosure would jeopardize aviation security; consequently CATSA is not required to disclose the redacted information.

Court Disposition

Application dismissed; CATSA need not disclose the redacted information in Chapter 14.5 of its Standard Operating Procedures

Orders

  • No disclosure of the redacted portions of Chapter 14.5 of CATSA's Standard Operating Procedures to the accused pursuant to Aeronautics Act s.4.79 and CATSA Act s.32