R. v. Nuttall

R. v. Nuttall

The defence met the first-stage O'Connor threshold of likely relevance for CSIS records from human source [X]; delay was excused by jurisdictional uncertainty regarding s.18.1 of the CSIS Act; the privacy interest in source material is that of the source not CSIS; accordingly CSIS must produce the requested material...

Source-derived case information.

Citation
2016 BCSC 28
Parties
Crown: Regina; Accused: John Stuart Nuttall; Accused: Amanda Marie Korody; Intervener/state Intelligence Agency: Canadian Security Intelligence Service (CSIS)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 January 2016
Procedural Posture
Criminal / Post Conviction Disclosure Application Under O'connor (production Hearing for CSIS Human Source Information)
Outcome
Order for CSIS to produce to the court the requested human source records relating to [X] and the accused; temporary publication ban on the order and reasons pending a media application.
Legal Topics
Disclosure, Human Source Information, O'connor Procedure, Publication Ban, Entrapment, Abuse of Process, CSIS Act S.18.1, Canada Evidence Act S.38
Source Language
english
Criminal Law Evidence National Security Law Procedural Law Disclosure Human Source Information O'connor Procedure Publication Ban +4 more

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Parties

Regina

Crown

John Stuart Nuttall

Accused

Amanda Marie Korody

Accused

Canadian Security Intelligence Service (CSIS)

Intervener/state Intelligence Agency

Procedural Posture

Criminal / Post Conviction Disclosure Application Under O'connor (production Hearing for CSIS Human Source Information)

Legal Issues

  1. 1 Whether records held by CSIS from human source [X] are likely relevant under O'Connor
  2. 2 Whether CSIS or the source has a privacy interest that defeats production at the first stage
  3. 3 Whether delay in seeking disclosure barred the application

Ratio Decidendi

The defence met the first-stage O'Connor threshold of likely relevance for CSIS records from human source [X]; delay was excused by jurisdictional uncertainty regarding s.18.1 of the CSIS Act; the privacy interest in source material is that of the source not CSIS; accordingly CSIS must produce the requested material to the court for review under the established O'Connor procedure, subject to publication restrictions.

Court Disposition

Order for CSIS to produce to the court the requested human source records relating to [X] and the accused; temporary publication ban on the order and reasons pending a media application.

Orders

  • CSIS is ordered to produce to the court the information requested by the defence in the same manner as pursuant to the court's earlier CSIS disclosure ruling
  • Complete ban on publication of this order and the reasons of January 6, 2016, pending the media application on January 7, 2016