R. v. Rojas

R. v. Rojas

All probation/corrections records reviewed are producible to the Crown and to defence because the informant's privacy interest is minimal given his role as a jailhouse informant and the defence's right to full answer and defence; security-related redactions will be proposed by the Crown, subject to judicial review,...

Source-derived case information.

Citation
2003 BCSC 777
Parties
Crown: Her Majesty the Queen; Accused: Miguel Angel Rojas; Accused: Hugo Carlos Rojas; Proposed Witness/third Party: Proposed Witness
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 May 2003
Procedural Posture
Criminal O'connor Application for Production of Third Party Records / Second Stage of O'connor Application (review of Probation/corrections Records and Security/redaction Determination)
Outcome
Application granted: probation/corrections records producible to Crown and defence subject to security redactions and dissemination controls.
Legal Topics
O'connor Application, Jailhouse Informant, Probation Records, Production of Third Party Records, Security and Redaction of Disclosure
Source Language
english
Criminal Law Evidence Disclosure Privacy O'connor Application Jailhouse Informant Probation Records Production of Third Party Records +1 more

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Parties

Her Majesty the Queen

Crown

Miguel Angel Rojas

Accused

Hugo Carlos Rojas

Accused

Proposed Witness

Proposed Witness/third Party

Procedural Posture

Criminal O'connor Application for Production of Third Party Records / Second Stage of O'connor Application (review of Probation/corrections Records and Security/redaction Determination)

Legal Issues

  1. 1 Whether probation/corrections records of a jailhouse informant held by third parties must be produced to defence
  2. 2 How to balance privacy interests of informant against accused's right to full answer and defence
  3. 3 Extent to which informant's bargain to testify reduces privacy interest in records

Ratio Decidendi

All probation/corrections records reviewed are producible to the Crown and to defence because the informant's privacy interest is minimal given his role as a jailhouse informant and the defence's right to full answer and defence; security-related redactions will be proposed by the Crown, subject to judicial review, and dissemination controls will be agreed by counsel or ordered by the court if counsel cannot agree.

Court Disposition

Application granted: probation/corrections records producible to Crown and defence subject to security redactions and dissemination controls.

Orders

  • Counsel K.B. Cronin to deliver documents received from probation offices to the Crown (copy or originals)
  • Crown to analyze documents and propose edits/redactions for security purposes