Le privilège de l'enquête en cours & l'obligation de divulgation

O'Neill v. Canada (Attorney General), 2006 CanLII 586 (ON SC)

Lien vers la décision

[18]      “Ongoing investigation” privilege is recognized as a common law privilege or immunity belonging to a category of privileges that are subject, on a case by case basis, to review and balancing by the court of the public interest served by the privilege against the importance of the information to the right of the accused to make full answer and defence: Chan at paras.124-127.  For the applicants, the balancing they request I perform in respect of the Redactions made on the basis of ongoing investigation privilege is between the public interest served by that privilege and the importance of their being able to establish as correctly as possible their “case to make”.