Keeping Up Is Hard to Do:
A Trial Judge’s Reading Blog

EVIDENCE-CONFIDENTIAL INFORMANT PRIVILEGE

In R. v. A.B., 2024 ONCA 111, February 12, 2024, the Ontario Court of Appeal considered the law in relation to “confidential informant privilege”.  It indicated that this privilege “admits of no discretion. It is a near absolute privilege. Subject to a person successfully raising the innocence at stake exception, this class privilege acts as a complete bar to disclosing not only the identity of a confidential informer, but as a complete bar to disclosing ‘[a]nyinformation which might tend to identify an informer’, or, ‘any information that might lead to identification’…Therefore, when it comes to protecting the identity of informants, the Crown is without discretion. The Crown must not disclose ‘in any proceeding, at any time’, information that may tend to identify a confidential informant” (at paragraphs 34 and 35).