R. v. Haevischer

R. v. Haevischer

The court held that the total dollar amounts of legal fees paid by police for two Crown witnesses are relevant to credibility and are not protected by solicitor-client privilege in the circumstances; the fact that the RCMP paid the fees is not privileged here, and the Crown must disclose the total amounts.

Source-derived case information.

Citation
2014 BCSC 1008
Parties
Crown: Regina; Accused: Cody Rae Haevischer; Accused: Matthew James Johnston; Witness: Person Y; Witness: Michael Le
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 June 2014
Procedural Posture
Criminal / Ruling on Application for Disclosure of Legal Fees
Outcome
Application granted in part: Applicants entitled to disclosure of the total dollar amounts of legal fees paid by police for Person Y and Michael Le.
Legal Topics
Disclosure, Solicitor Client Privilege, Witness Credibility, Third Party Records, Vetrovec Witness, Stinchcombe Disclosure
Source Language
english
Criminal Law Evidence Procedural Law Disclosure Solicitor Client Privilege Witness Credibility Third Party Records Vetrovec Witness +1 more

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Parties

Regina

Crown

Cody Rae Haevischer

Accused

Matthew James Johnston

Accused

Person Y

Witness

Michael Le

Witness

Procedural Posture

Criminal / Ruling on Application for Disclosure of Legal Fees

Legal Issues

  1. 1 Whether the total dollar amount of legal fees paid by police for Crown witnesses must be disclosed
  2. 2 Whether solicitor-client privilege protects the amount of legal fees or the identity of the payor
  3. 3 Whether records in possession of police constitute Crown disclosure (first party)

Ratio Decidendi

The court held that the total dollar amounts of legal fees paid by police for two Crown witnesses are relevant to credibility and are not protected by solicitor-client privilege in the circumstances; the fact that the RCMP paid the fees is not privileged here, and the Crown must disclose the total amounts.

Court Disposition

Application granted in part: Applicants entitled to disclosure of the total dollar amounts of legal fees paid by police for Person Y and Michael Le.

Orders

  • Crown must disclose the total dollar amount of legal fees paid by the RCMP on behalf of Person Y.
  • Crown must disclose the total dollar amount of legal fees paid by the RCMP on behalf of Michael Le.