R. v. AAA

R. v. AAA

On the balance of probabilities the claimant is entitled to informer privilege because Cst. Stevens earlier extended a general assurance of confidentiality that a reasonable person in the claimant's position would have relied upon; therefore the claimant's identity and the content of information given to police are protected from disclosure except if the innocence-at-stake exception is established.

Citation
2015 NSPC 98
Parties
Crown: Her Majesty the Queen; Claimant: AAA
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 January 2015
Procedural Posture
Criminal (criminal Code) / First Stage Informer Privilege Hearing (in Camera, Ex Parte)
Outcome
Claimant's claim of informer privilege allowed
Legal Topics
Informer Privilege, In Camera Hearing, Disclosure Obligations, Innocence at Stake Exception, Confidential Informant Status
Source Language
English
Criminal Law Evidence Procedural Law Informer Privilege In Camera Hearing Disclosure Obligations Innocence at Stake Exception Confidential Informant Status

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Parties

Her Majesty the Queen

Crown

AAA

Claimant

Procedural Posture

Criminal (criminal Code) / First Stage Informer Privilege Hearing (in Camera, Ex Parte)

Legal Issues

  1. 1 Whether the claimant is entitled to informer privilege
  2. 2 Whether police made an explicit or implicit promise of confidentiality
  3. 3 Whether the claimant reasonably believed their identity and information would be protected

Ratio Decidendi

On the balance of probabilities the claimant is entitled to informer privilege because Cst. Stevens earlier extended a general assurance of confidentiality that a reasonable person in the claimant's position would have relied upon; therefore the claimant's identity and the content of information given to police are protected from disclosure except if the innocence-at-stake exception is established.

Court Disposition

Claimant's claim of informer privilege allowed

Orders

  • Informer privilege upheld: claimant's identity and the content of information provided to police are protected from disclosure to anyone outside the circle of privilege
  • Disclosure permitted only if the innocence-at-stake exception is established by appropriate evidence