What is the test of informer privilege?
Manitoba, Canada
The following excerpt is from R. v. Starr, 1998 CanLII 6760 (MB CA):
And further in this same judgment we find (at p. 292): The Court in Bisaillon v. Keable [1983 CanLII 26 (SCC), [1983] 2 S.C.R. 60] summed the matter up by asserting that the application of informer privilege "does not depend on the judge's discretion, as it is a legal rule of public order by which the judge is bound." (p. 93). In summary, informer privilege is of such importance that it cannot be balanced against other interests. Once established, neither the police nor the court possesses discretion to abridge it.
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