R v Backer 2018 BCPC 72

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Note

The BC Provincial Court granted access to a defence document filed in a criminal case alleging illegal searches and Charter breaches.

Decision Summary

The court applied the strong presumption of openness and rejected numerous opposing arguments from both defence and Crown, including jury prejudice and police officer privacy.

The court stated:

Balancing the interests of the public, the accused and the administration of justice as I must, I have concluded that the application must succeed. The applicants are entitled to access to the document in question and, at their expense, to a copy of that document.

References

See:R v Backer 2018 BCPC 170775

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