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The court enforced a prior Antunes production order, rejected FOIPPA and public-interest objections to censored video images, and ordered production and costs.
The court confirmed a prior disclosure order and rejected conditions sought on unredacted disclosure under s. 37 of the Canada Evidence Act.
Court ordered disclosure of redacted agent-related wiretap material, finding it necessary for the accused to challenge the authorization and make full answer and defence.
The court refused to adjourn a voir dire in R. v. Ali, ordering disclosure applications to proceed under restrictions despite defence concerns about privilege and counsel conflict.
The court held that informer privilege attached to unrelated information provided by a source to police, found no informed waiver, and denied the innocence-at-stake exception.
The court upheld public interest privilege over disclosure redactions tied to unrelated ongoing police investigations and refused to order release of the withheld material.
Amendment refused: proposed amended response was untimely, substantively re-written, would remove factual admissions and likely prejudice the Commissioner by requiring amended reply, revised expert reports and potential adjournment, thereby impairing an expeditious public-interest hearing; refusal did not prejudice Sears because it can present its case without amended pleadings. Production ordered: Commissioner must produce the two withheld exhibits subject to strict confidentiality because fair hearing and right to make full answer and defence require disclosure of information relied upon by…
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