What is the test for recusal from an ex-parte hearing on allegations of confidential informer privilege?

Ontario, Canada


The following excerpt is from R. v. Lucas, 2014 ONCA 561 (CanLII):

The application for recusal was dismissed. The application judge ruled that the ex parte hearing constituted part of the trial at which the appellants had a prima facie right to be present, but that the exclusion of the appellants was consonant with the procedure outlined in Named Person v. Vancouver Sun, 2007 SCC 43, [2007] 3 S.C.R. 253, to be followed where a question of informer privilege arises. In the course of his ruling, the application judge also noted that his decision respecting confidential informer status was subject to review, stating: At the conclusion of the hearing, I ruled that the two individuals were prima facie confidential informers. I did so on the basis that their status, decided ex parte, could later be revisited during the subsequent editing process of the Information to Obtain the wiretap authorization, and still later on the Garofoli hearing as part of a s. 8 Charter motion.

Other Questions


Does solicitor-client privilege attach immediately when the confidential information is provided? (Ontario, Canada)
What is implied waiver of privilege where the holder of privilege takes some action or position inconsistent with the maintenance of privilege? (Ontario, Canada)
What is the test for arrest of an applicant and seizure and search of a paper bag, based in part on information from a confidential informant? (Ontario, Canada)
What is the "springboard" doctrine for obtaining confidential or confidential information from a public source? (Ontario, Canada)
How have the courts in the United States dealt with the issue of disclosure of confidential information on a Motion for Personal Information Protection? (Ontario, Canada)
What is the current state of the law in relation to disclosure of confidential and commercially confidential financial information? (Ontario, Canada)
What privilege does solicitor privilege apply to confidential communications between solicitor and client? (Ontario, Canada)
Is there any case law supporting the assertion of privileged information? (Ontario, Canada)
Is the Attorney General responsible for protecting the identity of confidential informants? (Ontario, Canada)
Does a senior vice-president have privileged information? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.