What is the test for privilege under the informer privilege rule?
British Columbia, Canada
The following excerpt is from R. v Nicholson, 2015 BCSC 771 (CanLII):
And to similar effect: In conclusion, the general rationale for the informer privilege rule requires a privilege which is extremely broad and powerful. Once a trial judge is satisfied that the privilege exists, a complete and total bar on any disclosure of the informer's identity applies. Outside the innocence at stake exception, the rule's protection is absolute. No case-by-case weighing of the justification for the privilege is permitted. All information which might tend to identify the informer is protected by the privilege, and neither the Crown nor the court has any discretion to disclose this information in any proceeding, at any time. (Named Person v. Vancouver Sun, 2007 SCC 43, para. 30)
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