R. v. Darling

R. v. Darling

Applying the Dagenais/Mentuck framework, the court concluded the RCMP and interveners failed to demonstrate a serious risk to the administration of justice from disclosure; generalized assertions about investigative prejudice were insufficient. Recommencement of proceedings was judged unlikely in the circumstances,...

Source-derived case information.

Citation
2018 BCSC 1327
Parties
Prosecution: Regina; Accused: Larry Sinclair Darling; Applicant/media: The Vancouver Sun and CHEK TV; Intervener: Attorney General of Canada (on behalf of the RCMP); Interested Party: David Kidd (Deputy Regional Crown Counsel); Interested Party: S/Sgt Greg Mainman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 August 2018
Procedural Posture
Criminal Homicide (first Degree) / Media Application for Access to Court Records After Crown Directed a Stay of Proceedings; Voir Dire and Disclosure Issues Concluded With Stay
Outcome
Application granted in part
Legal Topics
Mr. Big Operations, Voir Dire Admissibility (r. V. Hart), Disclosure Obligations (stinchcombe), Informer Privilege, Publication Ban (dagenais/mentuck), Stay of Proceedings, Prosecutorial Discretion, Open Court Principle
Source Language
english
Criminal Law Evidence Administrative/procedural Law Publication Bans and Open Court Principle Police Conduct and Investigations Mr. Big Operations Voir Dire Admissibility (r. V. Hart) Disclosure Obligations (stinchcombe) +5 more

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Parties

Regina

Prosecution

Larry Sinclair Darling

Accused

The Vancouver Sun and CHEK TV

Applicant/media

Attorney General of Canada (on behalf of the RCMP)

Intervener

David Kidd (Deputy Regional Crown Counsel)

Interested Party

S/Sgt Greg Mainman

Interested Party

Procedural Posture

Criminal Homicide (first Degree) / Media Application for Access to Court Records After Crown Directed a Stay of Proceedings; Voir Dire and Disclosure Issues Concluded With Stay

Legal Issues

  1. 1 Whether the media is entitled to access specified court record documents after the Crown directed a stay of proceedings
  2. 2 Application of the Dagenais/Mentuck test to requests for court records and whether access would pose a serious risk to the administration of justice
  3. 3 Whether redactions are required to protect informer privilege and the identity of undercover officers

Ratio Decidendi

Applying the Dagenais/Mentuck framework, the court concluded the RCMP and interveners failed to demonstrate a serious risk to the administration of justice from disclosure; generalized assertions about investigative prejudice were insufficient. Recommencement of proceedings was judged unlikely in the circumstances, so s.579(2) did not justify deferring public access. The public interest in open courts and scrutiny of public officials outweighed reputational and investigatory concerns. The Newspaper's application was therefore granted with narrowly tailored redactions for informer privilege and undercover operator identities.

Court Disposition

Application granted in part

Orders

  • Access to the three specified documents is granted
  • Redact para. 106(a) of the stay application for confidential informer privilege