Can a pre-trial discovery report disclose to the police without a court order?
British Columbia, Canada
The following excerpt is from Doucette v. Wee Watch Day Care Systems Inc., 2005 BCSC 400 (CanLII):
I do not suggest, however, that a crime or potential crime disclosed in the pre-trial discovery process can never be directly reported to the police without a court order. Conceivably, a situation could arise of a serious emergency which could dictate going immediately to the police. In Smith v. Jones, 1999 CanLII 674 (SCC), [1999] 1 S.C.R. 455, a psychiatrist retained by defence counsel sought court leave to disclose to the appropriate authorities a report which indicated the accused was planning to commit a murder. While the court granted leave to disclose the report, it recognized by way of obiter dicta, that it may be permissible to call the police without waiting for leave of the court where the situation involves immediate and serious danger. In the present case, there is no suggestion of circumstances of this nature.
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