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The court dismissed an application to strike a production order after Garofoli disclosure added evidence linking the accused to trafficking and to a storage locker.
The court held the Crown was not obliged to disclose the vetted SDRs relating to Sources A and C because those vetted SDRs were not placed before the authorizing justice and the Crown adduced credible evidence that the vetted SDR content was consistent with the affidavit and that withholding them does not give rise to a reasonable possibility of impairing the accused's right to make full answer and defence in the Garofoli/Production Order context; informer privilege and safety/redaction concerns supported nondisclosure and the Crown met its burden to justify refusal.
Source excerpt
Appeal from an order requiring disclosure of informer-related police notes and debrief reports. The Court allowed the appeal, set aside the disclosure order, and ordered a new trial.
The Court of Appeal for British Columbia allowed the Attorney General of British Columbia to intervene in an appeal about disclosure of informer intelligence.
The court dismissed a Basi application for in-camera review of redacted informant materials, finding the accused had not shown the required reasonable likelihood of assistance.
The court ordered further disclosure of PRIME records about crown witness Eric Low, including names of associates, while preserving other personal redactions and leaving informer privilege unresolved.
The court limited defence questioning about disclosure and informer identity, allowing questions on general document classes but forbidding specific documents that might reveal a confidential informant.
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