R. v. Basi

Parties

Amounts and remedies

• Docket Number: 23,299

Party arguments

Applicant

Defence counsel sought permission for a jointly appointed nominee (C. Louis Webster) to access records responsive to FOIPPA requests that are within custody and control of a public body, arguing access is necessary for defence preparation and may be safeguarded by a court‑ordered undertaking including terms addressing the Crown disclosure package.

Respondent

The Crown and intervenor consented to nominee access only on condition that the nominee give an undertaking substantially in the attached form to protect personal information; the Crown required the undertaking to be revised to explicitly cover the Crown disclosure package.

Legal principles

1. 01

   Freedom of Information and Protection of Privacy Act (British Columbia) and court supervisory jurisdiction

   A court may permit access to records containing personal information where disclosure is necessary for the administration of justice and is subject to protective undertakings.

2. 02

   Inherent jurisdiction of the court and criminal disclosure principles

   Pre‑trial disclosure obligations can be managed by conditional orders that balance privacy interests and the accused's right to make full answer and defence.

Court disposition

Order granted by consent permitting nominee access to responsive records subject to a protective undertaking.

• After giving an undertaking substantially in the form attached to the order, which will include an undertaking with respect to the Crown disclosure package, C. Louis Webster, the jointly appointed nominee, may be given access to records responsive to FOIPPA requests that are within the custody and control of a public body notwithstanding those records contain personal information.
• The undertaking which has been provided will be revised to include the Crown disclosure package.