What is the current state of the law on disclosure of confidential information?

Ontario, Canada


The following excerpt is from R. v. Canadian Broadcasting Corporation, 2007 CanLII 1888 (ON SC):

In R. v. Toronto Star Newspapers, supra, at para. 28, Doherty J.A. indicated that caution is required in editing contents of an information to avoid disclosure of the identity of a confidential informant. He instructed that: [page256] if there is any doubt as to whether disclosure would reveal that identity, disclosure should not be made. In some cases, blanket non-disclosure is required, since it cannot be said with any confidence that disclosure of any kind would not run the risk of revealing the identity of the informant: R v. Leipert, 1997 CanLII 367 (SCC), [1997] 1 S.C.R. 281, 112 C.C.C. (3d) 385.

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