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More legal headaches over Step 6 of Garofoli

Tuesday, July 17, 2018 @ 9:05 AM | By Esther Carenza

Step 6 of R. v. Garofoli [1990] 2 S.C.R. 1421 is a controversial application where there is a need to strike a balance between the conflicting interests of law enforcement and informer privilege while adhering to the principle of fundamental justice in ensuring the accused’s right to full answer and defence which will inevitably result in a challenge less direct than it otherwise could be.

Justice Joseph Sopinka in Garofoli sets out a procedure to be followed when the Crown objects to disclosing part of the...