Thursday, November 19, 2009

RailGate Ruling On 'Informer Privilege'....The Crucial Passage?

NavigatingThroughStarryWaters
TheSupremesVille


Here, as quoted by Kirk Makin in the Globe, would appear to be a critical passage from from the Supreme's decision to keep the RailGate defense away from the so-called 'secret witness':

....“Where informer privilege has been claimed by the Crown, an accused's constitutional right to make full answer and defence does not alone trigger an exception to the privilege. It is only where innocence is at stake that the privilege yields and information tending to reveal the identity of the informant can be disclosed......”


Why critical?

Well, it seems that everything could change if the (I presume) latest RailGate trial judge rules that what the informer/secret witness has to say behind closed doors actually does get to the heart of the matter which is 'innocence at stake'.



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And, truth be told, I only went looking for this reference to 'innocence at stake' after Bill Tieleman brought it up cryptically with Jon McComb on the (nolongerso)Giant'98 this morning....(and if only the geniuses at CORUS would make that a permanent line-up change)....

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