When will a cross-examination be allowed in relation to an informer’s activities in unrelated police investigations?

Ontario, Canada


The following excerpt is from R. v. B., G., et al., 2000 CanLII 16820 (ON CA):

Lane J. gave extensive reasons, based principally on the strength of the police informer privilege as set forth in Bisaillon v. Keable (1983), 1983 CanLII 26 (SCC), 7 C.C.C. (3d) 385 (S.C.C.), for his conclusion that the cross-examination in relation to the informer’s activities in the unrelated investigations should not be allowed. The informer’s waiver of the police informer privilege with respect to the charges before the court did not amount to waiver for all other, unrelated, investigations. This decision, by analogy, supports the position that going into the field does not convert an informer into an agent in relation to unrelated investigations.

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