SUPREME COURT OF NOVA SCOTIA
Citation: R. v. W.N.M., 2005 NSSC 70
Date: 20050303
Docket: CR 241219
Registry: Halifax
Between:
Her Majesty the Queen
vs.
W. N. M.
LIBRARY HEADING
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Editorial Notice
Identifying information has been removed from this electronic version of the library sheet. |
Judge: The Honourable Justice Felix A. Cacchione
Heard: March 3rd, 2005, in Halifax, Nova Scotia
Written Decision: March 30th, 2005
Subject: Disclosure of police informant identity prior to trial.
Summary: Accused applying, before preliminary inquiry, to this court for an order disclosing identity of confidential information where information was used to obtain a warrant. Accused arguing disclosure necessary for a fair trial.
Issue: Does this court at this stage of proceedings have jurisdiction to grant application.?
Result: Innocence at stake exception to non-disclosure of police informant identity not applicable since at this stage this court is not the trial court. A hearing would be required to appraise the trial court of all the information and circumstances of the case. This is best done by trial court to avoid duplicity of proceedings. In these circumstances this court does not have jurisdiction to grant the application.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION.
QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.