EVIDENCE |
Ribic v. Canada
DES-7-01
2002 FCT 290, Hugessen J.
15/3/02
8 pp.
Court deciding to examine blanked out portions of seven documents produced by Crown but coming from Canadian Security Intelligence Service--Two-step procedure followed by Thurlow C.J. in Goguen v. Gibson, [1983] 1 F.C. 872 (T.D.), later approved by Court of Appeal, subsequently followed by other judges of Court--Thurlow C.J. not establishing rule of law to be followed in every case but simply indicating manner in which, in circumstances of particular case, appropriate for him to exercise discretion-- Text of Canada Evidence Act, s. 38 changed--New text making it even clearer designated judge has very broad discretion as to whether he should look at material withheld prior to entering upon balancing process mandated by statute--Applicant has satisfied test of showing material withheld likely to be relevant to issue in case--Unconcealed portions of seven documents in question relating directly, substantially to accused, more particularly to hostage taking incident with which charged--Any material which may have impact upon Crown's ability to prove that charge beyond reasonable doubt material relevant to issues in case --Number of paragraphs of documents should be disclosed--All information otherwise withheld irrelevant to any issues likely to arise in coming criminal trial--Canada Evidence Act, R.S.C., 1985, c. C-5, s. 38.