R. v. Sipes

Parties

Procedural Posture

Criminal Disclosure/transcript Access Application in Context of Publication Ban / Pre Trial Application for Access to Trial Transcripts

Legal Issues

1. 1 Whether the applicant should be permitted to receive trial transcripts from a related trial
2. 2 How to balance witness safety and publication ban against the accused's right to make full answer and defence
3. 3 Whether trial transcripts materially increase risk to witness safety beyond existing disclosure

Ratio Decidendi

The application was granted in part: the court found the applicant's need to prepare his defence outweighed the incremental risk to witness safety if strict conditions and an undertaking were imposed; accordingly the applicant may be provided trial transcripts subject to prohibitions on copying, leaving copies with third parties, discussing the contents until evidence is complete, and requirements for a signed undertaking and secure handling and return of transcripts.

Court Disposition

Application granted in part; transcripts to be provided subject to strict conditions and a signed undertaking

Orders

• Transcripts of evidence in R. v. Sipes may be delivered to counsel for Mr. Mastop.
• Transcripts may be provided to Mr. Mastop personally subject to strict conditions: no copying, no leaving copies with anyone other than his counsel, no discussion of the contents with Mr. Mastop until the evidence is completed in the Sipes trial, and execution of a written undertaking by Mr. Mastop.