Can the Minister of Justice use confidential information in the administration of the Criminal Code Act?

Canada (Federal), Canada

The following excerpt is from Dastous v. The Queen, 2002 CanLII 47016 (TCC):

Counsel for the respondent further contends that paragraph 241(1)(c) of the Act specifically allows the Minister to use confidential information in the administration of the Act. Confidential information may be admissible as evidence if that does not bring the administration of justice into disrepute (see Donovan v. The Queen, 2000 CanLII 17142 (FCA), [2000] 4 F.C. 373). Nonetheless, counsel for the respondent argues that in any event the information could have been obtained through a CCRA audit and that the appellant would have been required to provide it. He therefore contends that the transfer of information was made legally and that in this case it did not bring the administration of justice into disrepute.

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