Motion in a criminal appeal dismissed where the Court of Appeal held that claimed TPS privilege answered the disclosure requests and no further disclosure was ordered.
The Court held that the Superior Court erred in intervening midâtrial by staying proceedings: where disputed documents are in thirdâparty possession and privilege is asserted, the OâConnor procedure or appellate review are the appropriate routes; a stay is disproportionate absent a palpable infringement of constitutional rights or inability to remedy prejudice; thus the stay was set aside and the matter remitted for a new trial.