Does a section 487.3(1) non-disclosure order or a variation of one need to be issued for an indefinite time period?

Newfoundland and Labrador, Canada


The following excerpt is from Criminal Code of Canada, Section 487.3 (4) (Ex Parte Application), Re, 2005 CanLII 8656 (NL PC):

[17] Therefore, in the absence of compelling reasons being presented, a section 487.3(1) non-disclosure order or a variation of one, should not be issued for an indefinite time period. This does not mean that there must always be a time limitation imposed in such orders. An absolute approach must be avoided (see Phillips v. Vancouver Sun, at paragraphs 51-54). However, it does mean that a time period should be included in section 487.3(1) orders except in rare circumstances. The mere existence of an informant will not usually be sufficient, standing alone, for an indefinite time period to be imposed in such orders. It must be remembered that applying for a variation, once a precedent is developed, is a relatively simple and easy matter.

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