Trial judges have imposed this type of secrecy as the cost of protecting confidential informants, who may face retaliation from offenders they help imprison
On Dec. 12 and 13, the Supreme Court will hear the media organizations’ appeal of the Quebec ruling. The first day will be held in public, and the second behind closed doors, as the court weighs the protection of informants, who are often critical to police and prosecutors, against the openness of courts.
The Attorney-General of Canada is asking the Supreme Court’s permission to intervene in the case, in order to argue that informer privilege justifies restricting the openness of courts only to the extent necessary to protect the relevant informant’s information. The Attorney-General also says judges should have the discretion to notify the media of closed-door proceedings involving informer privilege, but should not be obliged to do so.
Anthony Moustacalis, a former president of the Criminal Lawyers’ Association, said people in the criminal underworld try to piece together from court records the identities of informants. “If the government isn’t honouring its deal, that’s something that the public should know about. … On the other hand, how do you protect the safety of someone who has given information in confidence?” he said.
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