R. v. Basi

R. v. Basi

The court granted limited release of the 15 FOIPPA-obtained binders to the applicant's counsel on strict undertakings: counsel may copy them and must return them to the Registry forthwith, the binders may not leave Vancouver, and two specified pages will be removed and withheld; BC Rail binders (1 and 2) are not producible to third parties without further court order because BC Rail is not subject to FOIPPA and disclosure occurred under a confidentiality protocol and implied undertaking; the public may inspect the binders in the courthouse and purchase copies via the Registry or bring a written motion for access.

Citation
2009 BCSC 755
Parties
Crown: Regina (Crown); Accused: Udhe Singh (Dave) Basi; Accused: Bobby Singh Virk; Accused: Aneal Basi; Interested Party Government: Executive Council and Her Majesty the Queen in Right of the Province of British Columbia; Third Party Non Public Body: British Columbia Railway Company (BC Rail); Nominee: The Nominee L. Webster; Applicant Member of Legislative Assembly: Leonard Krog (Official Opposition Critic for the Attorney General of British Columbia)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 February 2009
Procedural Posture
Criminal; Disclosure Application Under FOIPPA and Third Party Protocol / Oral Reasons for Judgment on Access Application (interlocutory)
Outcome
Application partially granted
Legal Topics
FOIPPA, Third Party Disclosure, Confidentiality, Court Ordered Disclosure, Vetted Disclosure Protocols, Publication Restrictions, Implied Undertaking
Source Language
English
Criminal Law Administrative Law Access to Information Law Public Law Evidence Law FOIPPA Third Party Disclosure Confidentiality +4 more

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Parties

Regina (Crown)

Crown

Udhe Singh (Dave) Basi

Accused

Bobby Singh Virk

Accused

Aneal Basi

Accused

Executive Council and Her Majesty the Queen in Right of the Province of British Columbia

Interested Party Government

British Columbia Railway Company (BC Rail)

Third Party Non Public Body

The Nominee L. Webster

Nominee

Leonard Krog (Official Opposition Critic for the Attorney General of British Columbia)

Applicant Member of Legislative Assembly

Procedural Posture

Criminal; Disclosure Application Under FOIPPA and Third Party Protocol / Oral Reasons for Judgment on Access Application (interlocutory)

Legal Issues

  1. 1 Whether documents disclosed to defence under FOIPPA may be released to a third party applicant
  2. 2 Whether BC Rail documents, not subject to FOIPPA and disclosed under a protocol, can be produced to third parties without court order
  3. 3 Whether copies of government-disclosed documents should be prevented from leaving jurisdiction and subject to undertakings

Ratio Decidendi

The court granted limited release of the 15 FOIPPA-obtained binders to the applicant's counsel on strict undertakings: counsel may copy them and must return them to the Registry forthwith, the binders may not leave Vancouver, and two specified pages will be removed and withheld; BC Rail binders (1 and 2) are not producible to third parties without further court order because BC Rail is not subject to FOIPPA and disclosure occurred under a confidentiality protocol and implied undertaking; the public may inspect the binders in the courthouse and purchase copies via the Registry or bring a written motion for access.

Court Disposition

Application partially granted

Orders

  • Release 15 government binders to Leonard Krog's counsel on undertaking that counsel will copy them forthwith and return them to the Registry
  • Binders and copies shall not be removed from Vancouver; counsel must return materials to the Registry immediately after copying