In what circumstances will the prison authorities be required to provide copies of statements given by informers to an appellant at a hearing?

Ontario, Canada


The following excerpt is from Judge v. AG, 2010 ONSC 4811 (CanLII):

In Gaudet v. Marchard 1994 CarswellQue 260, at para. 35, Rothman J.A. writes: In my respectful opinion, the authorities had no duty to provide appellant with copies of the statements given by informers, nor to afford appellant an opportunity to cross-examine these witnesses or the penitentiary authorities themselves. In a prison context, such a hearing would go considerably beyond procedural fairness into the realm of an unreasonable intrusion into the administration and security of the penitentiary.

In Bachynski v. William Head Institution 1995 CarswellBC 2338, Bouck J. at para. 36 writes: Prison authorities must act on the best information available. Sometimes it is unreliable and an individual inmate is wrongly charged or wrongly transferred. But given the nature of the inmate population and the necessity of preserving order there is often no other alternative. If a dangerous person is allowed to remain in the general prison population of a medium security institution, it is the other prisoners and staff who suffer the consequences because they have no place else to go.

Other Questions


What is the legal test for obtaining copies of statements given by informers in a criminal case? (Ontario, Canada)
In what circumstances will the respondent in an extradition hearing be required to summarize the evidence before granting him an evidentiary hearing? (Ontario, Canada)
If a statement is made to someone not "in authority", but under circumstances that cast doubt on its voluntariness or on the operating mind of the accused, is it prima facie inadmissible? (Ontario, Canada)
Is a party in a family law support case required to provide a complete and frank financial disclosure in the form of a financial statement? (Ontario, Canada)
What is the test for requiring the authorities to prove under oath that the information they relied on was reliable? (Ontario, Canada)
In what circumstances will a lawyer be required to disclose confidential information to a plaintiff in a personal injury case? (Ontario, Canada)
In what circumstances will a court order a preservation order for a business owner who has not provided sufficient financial information to support his wife? (Ontario, Canada)
Is a prisoner entitled to full disclosure of information provided by the CCRA? (Ontario, Canada)
In what circumstances will a potential juror be able to disassociate themselves from information or information that may have been published in the media? (Ontario, Canada)
What is the test for determining if a change in circumstances is sufficient to cause a variation in the amount of time required for a change of circumstance? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.