R. v. Nicholson

R. v. Nicholson

After in-camera inspection the court ordered partial production of specified APD/NWPD investigation records that were found truly relevant, subject to redactions to protect informer privilege; records found not relevant were withheld; if redaction cannot preserve informer privilege the document must not be produced;...

Source-derived case information.

Citation
2016 BCSC 2413
Parties
Crown: Regina; Accused: Christopher Michael Makoto Nicholson; Third Parties: Individual Members of the Abbotsford Police Department; Third Party: Abbotsford Police Department; Third Party: New Westminster Police Department; Third Party: Vancouver Police Department
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 December 2016
Procedural Posture
Criminal Pre Trial Disclosure (o'connor Application) / Stage II O'connor Application (third Party Records Inspection and Production)
Outcome
Partial production ordered with redactions to protect informer privilege; certain records withheld as not relevant; nondisclosure restrictions imposed.
Legal Topics
Informer Privilege, O'connor Production Test, Third Party Records, Disclosure Balancing, Redaction
Source Language
english
Criminal Law Evidence Police Discipline Privileged Communications Informer Privilege O'connor Production Test Third Party Records Disclosure Balancing +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Crown

Christopher Michael Makoto Nicholson

Accused

Individual Members of the Abbotsford Police Department

Third Parties

Abbotsford Police Department

Third Party

New Westminster Police Department

Third Party

Vancouver Police Department

Third Party

Procedural Posture

Criminal Pre Trial Disclosure (o'connor Application) / Stage II O'connor Application (third Party Records Inspection and Production)

Legal Issues

  1. 1 Whether specified third-party Police Act investigation records are truly relevant to the accused's case
  2. 2 Whether informer privilege requires redaction or exclusion of material
  3. 3 Whether the salutary-deleterious balancing test favors disclosure of inspected records

Ratio Decidendi

After in-camera inspection the court ordered partial production of specified APD/NWPD investigation records that were found truly relevant, subject to redactions to protect informer privilege; records found not relevant were withheld; if redaction cannot preserve informer privilege the document must not be produced; a non-disclosure restriction on the accused's use of produced materials was ordered.

Court Disposition

Partial production ordered with redactions to protect informer privilege; certain records withheld as not relevant; nondisclosure restrictions imposed.

Orders

  • Produce redacted records relating to officers 2014-974-03, 2014-9474-05 (allegation 2), 2014-9474-06, 2014-9474-07, 2014-9474-010, 2014-9474-011, and 2014-9474-013 (allegation 2) subject to preservation of informer privilege
  • Do not produce records relating to officers 2014-9474-04, 2014-9474-05 (allegation 1), 2014-9474-12, and 2014-9474-013 (allegation 1) as not relevant