EVIDENCE — Privilege — Informants — Publication bans and confidentiality orders

Law360 Canada ( June 7, 2024, 2:13 PM EDT) -- Appeals by Appellants from a judgment of the Quebec Court of Appeal which dismissed motions for review of confidentiality orders and upheld the sealing of certain information. Named Person, a police informer, was charged with criminal offences. They brought a motion for a stay of proceedings based in part on abusive state conduct related to the laying of the charges. The motion was dismissed and Named Person was convicted. The trial judgment was not made public and all the details of the proceedings, which were held in camera, were unknown to the public. The Court of Appeal allowed the appeal of Named Person’s conviction on the ground of abuse of process by the state and stayed criminal proceedings brought against them. It denounced the holding of a “secret trial” and opened a record at its court office. The Court of Appeal issued a redacted version of its reasons and ordered that the original version of its judgment and the entire appeal record be sealed. The Appellants filed motions to have the confidentiality and sealing orders reviewed. The Court of Appeal dismissed the motions and upheld the sealing of all information that might tend to identify Named Person....

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