R. v. X and Y

R. v. X and Y

The Source was at all material times a confidential informant entitled to informant privilege; the RCMP and advisers misapplied Scott and wrongfully disclosed the Source's identity; the Source did not give a fully informed and unequivocal waiver of privilege; therefore the Source is not a compellable witness absent a valid waiver or a successful invocation of the innocence at stake exception (which was not decided).

Citation
2012 BCSC 325
Parties
Prosecution: Regina; Accused: X; Accused: Y; Potential Witness/informant: Source; Independent Intervener for Source: Amicus Curiae
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 March 2012
Procedural Posture
Criminal / In Camera Hearing on Informant Privilege and Compellability of Witness
Outcome
Source entitled to informant privilege and is not compellable; no waiver found; innocence at stake issue reserved for further evidence
Legal Topics
Informant Privilege, Waiver of Privilege, Innocence at Stake Exception, Witness Compellability, Disclosure Obligations
Source Language
English
Criminal Law Evidence Procedural Law Informant Privilege Waiver of Privilege Innocence at Stake Exception Witness Compellability Disclosure Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecution

X

Accused

Y

Accused

Source

Potential Witness/informant

Amicus Curiae

Independent Intervener for Source

Procedural Posture

Criminal / In Camera Hearing on Informant Privilege and Compellability of Witness

Legal Issues

  1. 1 Whether the Source was at all material times a confidential informant entitled to informant privilege
  2. 2 Whether the Source waived any informant privilege
  3. 3 Whether the innocence at stake exception applies (reserved)

Ratio Decidendi

The Source was at all material times a confidential informant entitled to informant privilege; the RCMP and advisers misapplied Scott and wrongfully disclosed the Source's identity; the Source did not give a fully informed and unequivocal waiver of privilege; therefore the Source is not a compellable witness absent a valid waiver or a successful invocation of the innocence at stake exception (which was not decided).

Court Disposition

Source entitled to informant privilege and is not compellable; no waiver found; innocence at stake issue reserved for further evidence

Orders

  • Source is a confidential informant entitled to informant privilege
  • No waiver of informant privilege by the Source was established