What is the burden of satisfying the court that no information which could be relevant was imparted?
Newfoundland and Labrador, Canada
The following excerpt is from Rich v. The Queen, 2001 NLCA 39 (CanLII):
Noting, as had Sopinka J. in Martin v. Gray, that the burden of satisfying the court that no information which could be relevant was imparted is a very difficult burden to discharge, the applications judge was satisfied that that heavy burden was discharged and that notwithstanding the concerns expressed by the appellants about the potential for the transfer of confidential information, he was “satisfied that no reasonable member of the public would infer that such information has passed where such reasonable member of the public was fully informed as to the steps taken”.
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