R. v. Basi

R. v. Basi

The court ordered that the initial searches were insufficient and must be repeated using specified, more inclusive keyword categories (divestiture/BC Rail/Roberts Bank terms; narrowed legislature search terms; communications with specified lobbyists with surname and variant spellings), denied production of Pilothouse employee names and denied production of Speaker/Clerk communications beyond their role as record holders, and imposed strict confidentiality and viewing restrictions and return/marking requirements for produced copies.

Citation
2009 BCSC 1337
Parties
Crown: Regina; Accused: Udhe Singh (Dave) Basi; Accused: Bobby Singh Virk; Accused: Aneal Basi; Record Holder/third Party: Executive Cabinet; Third Party/record Holders: Members of the Legislative Assembly and staff (named); Record Holders: Speaker of the Legislative Assembly and the Clerk of the House; Third Party: Christy Clark; Third Party: Gary Collins; Third Party: Pilothouse (and related lobbyists); Nominee: Nominee (L. Webster)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 August 2009
Procedural Posture
Criminal (o'connor Application) / In Chambers — Post‑stage One Keyword Search and Production Order
Outcome
Application granted in part and ordered; searches to be repeated and production subject to restrictions
Legal Topics
O'connor Application, Third Party Records, Keyword Search Scope, Production of Electronic Records, Confidentiality and Restricted Access
Source Language
English
Criminal Law Evidence Disclosure Search and Seizure Parliamentary Privilege Cabinet Confidentiality O'connor Application Third Party Records +3 more

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Parties

Regina

Crown

Udhe Singh (Dave) Basi

Accused

Bobby Singh Virk

Accused

Aneal Basi

Accused

Executive Cabinet

Record Holder/third Party

Members of the Legislative Assembly and staff (named)

Third Party/record Holders

Speaker of the Legislative Assembly and the Clerk of the House

Record Holders

Christy Clark

Third Party

Gary Collins

Third Party

Pilothouse (and related lobbyists)

Third Party

Nominee (L. Webster)

Nominee

Procedural Posture

Criminal (o'connor Application) / In Chambers — Post‑stage One Keyword Search and Production Order

Legal Issues

  1. 1 Whether MLA emails and related records are relevant and must be produced
  2. 2 What search terms and scope are reasonably necessary to locate relevant documents
  3. 3 Whether communications of the Speaker and the Clerk must be produced

Ratio Decidendi

The court ordered that the initial searches were insufficient and must be repeated using specified, more inclusive keyword categories (divestiture/BC Rail/Roberts Bank terms; narrowed legislature search terms; communications with specified lobbyists with surname and variant spellings), denied production of Pilothouse employee names and denied production of Speaker/Clerk communications beyond their role as record holders, and imposed strict confidentiality and viewing restrictions and return/marking requirements for produced copies.

Court Disposition

Application granted in part and ordered; searches to be repeated and production subject to restrictions