What is the test for obtaining and using confidential information in a criminal investigation?
British Columbia, Canada
The following excerpt is from R. v. Olson, 1993 CanLII 1159 (BC CA):
23 At p. 12 of Plant v. The Queen, September 30, 1993 (S.C.C.), not yet reported, Sopinka, J., for the majority, referred to factors to be taken into account in this kind of circumstance: Consideration of such factors as the nature of the information itself, the nature of the relationship between the party releasing the information and the party claiming its confidentiality, the place where the information was obtained, the manner in which it was obtained and the seriousness of the crime being investigated allow for a balancing of the societal interests in protecting individual dignity, integrity and autonomy with effective law enforcement. I is, then, necessary to apply this contextual approach to the facts of the case at bar.
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