R. v. Basi

R. v. Basi

The court declined the RCMP's broad no-copy request and ordered that counsel may retain a copy and may provide one copy to each client; clients are prohibited from making additional copies or disseminating the document; counsel may share the document with persons working on the case; and the document must be returned to the Court or the RCMP at the conclusion of the case.

Citation
2008 BCSC 1867
Parties
Crown: Regina; Accused: Udhe Singh (Dave) Basi; Accused: Bobby Singh Virk; Accused: Aneal Basi
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 November 2008
Procedural Posture
Criminal / In Chambers Oral Ruling on Copying of Documents (pre Trial)
Outcome
Court ordered limited copying and strict non-dissemination obligations rather than the RCMP's proposed total no-copy restriction.
Legal Topics
Document Disclosure, Privilege, Copying Restrictions, Undertaking Against Dissemination, Return of Disclosed Documents
Source Language
English
Criminal Law Evidence Privilege Disclosure Publication/confidentiality Orders Document Disclosure Copying Restrictions Undertaking Against Dissemination +1 more

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Parties

Regina

Crown

Udhe Singh (Dave) Basi

Accused

Bobby Singh Virk

Accused

Aneal Basi

Accused

Procedural Posture

Criminal / In Chambers Oral Ruling on Copying of Documents (pre Trial)

Legal Issues

  1. 1 Whether the RCMP's requested copying restrictions may be imposed
  2. 2 Scope of use and dissemination restrictions for disclosed documents
  3. 3 Whether defence clients may be provided copies of the document

Ratio Decidendi

The court declined the RCMP's broad no-copy request and ordered that counsel may retain a copy and may provide one copy to each client; clients are prohibited from making additional copies or disseminating the document; counsel may share the document with persons working on the case; and the document must be returned to the Court or the RCMP at the conclusion of the case.

Court Disposition

Court ordered limited copying and strict non-dissemination obligations rather than the RCMP's proposed total no-copy restriction.

Orders

  • Production not to be construed as waiver of privilege
  • Document subject to an implied undertaking limiting use to making full answer and defence