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SCC reiterates that ‘innocence at stake’ remains sole exception to informer privilege

Friday, July 20, 2018 @ 1:56 PM | By Cristin Schmitz

The Supreme Court has reiterated 9-0 that informer privilege can only be pierced in criminal cases when an accused convinces a court via a “McClure” application that his or her innocence is at stake.

On July 20, the top court declined the invitation of intervener defence bar groups and legal regulators across the country to dilute the near-absolute common law protection accorded to informer privilege — which can be pierced only when an accused’s innocence is shown to be at stake: R. v. Brassington 2018 SCC 37....