R. v. Orr
- Citation
- 2020 BCCA 320
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- British Columbia Court of Appeal
- Decision
- 19 November 2020
- Posture
- Criminal Appeal / Application for Disclosure / Sealing; Supplementary Reasons on Appeal
- Language
- English
More details
- Court
- British Columbia Court of Appeal
- Decision
- 19 November 2020
- Posture
- Criminal Appeal / Application for Disclosure / Sealing; Supplementary Reasons on Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court dismissed the appellant's application for disclosure and, consequently, ordered that the second affidavit of Sgt. Thomas Tomiye sworn October 23, 2020 remain sealed permanently.
Court disposition
Application for disclosure dismissed; affidavit permanently sealed.
Orders
- Application for disclosure dismissed
- Second affidavit of Sgt. Thomas Tomiye sworn October 23, 2020 sealed permanently
02
Material facts
Parties
Arlen Jeffrey Orr
Appellant Counsel: D.J. McKayRegina
Respondent Counsel: J.N. Walker; O.L. Bick03
Procedural history
Posture
Criminal Appeal / Application for Disclosure / Sealing; Supplementary Reasons on Appeal
04
Questions and positions
Legal issues
- 01
Whether the second affidavit of Sgt. Thomas Tomiye sworn October 23, 2020 should be disclosed to the appellant or the public
- 02
Whether the interim sealing order should be continued and made permanent following dismissal of the disclosure application
Party arguments
- Applicant
- Appellant sought disclosure of the October 23, 2020 affidavit of Sgt. Tomiye and opposed the continued sealing of that affidavit.
- Respondent
- Respondent maintained the interim sealing order and opposed disclosure, asking the court to continue and make permanent the sealing to protect the affidavit from disclosure.
05
Court’s reasoning
Legal principles
- 01
Common law / open court principle balanced with confidentiality interests
Courts have discretion to seal records to protect competing interests where necessary.
- 02
Order of Bennett J. (Oct 29, 2020) and reasons of the Court of Appeal (Nov 16, 2020)
An interim sealing order may be continued and made permanent where disclosure is refused by the appellate court.
06
Ratio, limits and disposition
Ratio decidendi
The court dismissed the appellant's application for disclosure and, consequently, ordered that the second affidavit of Sgt. Thomas Tomiye sworn October 23, 2020 remain sealed permanently.
Obiter and limits
- The interim sealing order made by Madam Justice Bennett on Oct 29, 2020 was appropriately extended pending the appellate hearing and, given dismissal of the disclosure application, there was no basis to unseal the affidavit.
Court disposition
Application for disclosure dismissed; affidavit permanently sealed.
- Application for disclosure dismissed
- Second affidavit of Sgt. Thomas Tomiye sworn October 23, 2020 sealed permanently
Source and reliance status
British Columbia Court of Appeal · 19 November 2020
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
British Columbia Court of Appeal
Judgment· 19 November 2020
2020 BCCA 320 R. v. Orr
COURT OF APPEAL FOR BRITISH COLUMBIA Citation: R. v. Orr, 2020 BCCA 320 Date: 20201119 Docket: CA45726 Between: Regina Respondent And Arlen Jeffrey Orr Appellant
FILE SEALED IN PART Before: The Honourable Madam Justice Saunders The Honourable Madam Justice Dickson The Honourable Mr. Justice Fitch Supplementary Reasons to R. v.Orr, 2020 BCCA 319. Counsel for the Appellant: D.J. McKay Counsel for the Respondent: J.N. Walker O.L. Bick Place and Date of Hearing: Vancouver, British Columbia November 3, 2020 Place and Date of Judgment: Vancouver, British Columbia November 16, 2020 Date of Supplementary Judgment November 19, 2020 Supplementary Reasons of the Court Reasons for Judgment of the Court: [1] On October 29, 2020, Madam Justice Bennett made an order sealing the second affidavit of Sgt. Thomas Tomiye sworn October 23, 2020, directing that the affidavit not be disclosed to any interested party or member of the public until this court heard the application of Mr. Orr for disclosure. [2] On November 3, 2020, we heard Mr. Orr's application for disclosure and adjourned the proceeding to today's date, when we delivered judgment dismissing the application. Accordingly the interim sealing order extended to today's date. [3] Given the dismissal of the application, it is now appropriate that the second affidavit of Sgt. Thomas Tomiye sworn October 23, 2020 be sealed permanently. It is so ordered. "The Honourable Madam Justice Saunders" "The Honourable Madam Justice Dickson" "The Honourable Mr. Justice Fitch"
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.