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Prof. Sewrattan – October 2 – Crevier, 2015 ONCA
The judgment of Rouleau J
I: OVERVIEW – (0:00:09)
II: THE STEP SIX ISSUE – (0:03:34)
A: FACTS – (0:03:36)
(1) The search and seizure – (0:03:38)
(2) The apartment – (0:06:11)
(3) The tips and investigation leading to the warrants – (0:08:07)
(a) Confidential informer tips – (0:08:59)
(b) Police investigation – (0:10:29)
B: PROCEEDINGS BELOW – (0:13:02)
(1) The section 8 application – (0:13:04)
(a) Disclosure – (0:16:57)
(b) Claim of confidentiality with respect to CI1 – (0:17:23)
(c) Garofoli step two/three – review of the editing of the ITO – (0:18:34)
(d) Review of the Crown’s proposed judicial summary of the redactions – (0:19:04)
(e) The cross-examination – (0:19:58)
(f) Step six Crown cross-application for review of the unedited ITO – (0:20:53)
(2) The ruling on the section 8 application – (0:24:57)
C: ANALYSIS – (0:26:21)
(1) The Garofoli step six procedure – (0:26:54)
(2) The various interests at play – (0:29:52)
(a) The interest of law enforcement – (0:29:55)
(b) Informer privilege – (0:32:26)
(c) The right to make full answer and defence – (0:34:09)
(3) Protecting the right of full answer and defence – (0:38:51)
(a) The context of Garofoli step six – (0:39:13)
(b) An accused must be able to mount a facial and sub-facial challenge at step six – (0:43:59)
(4) Assessing the sufficiency of the summary and ITO at step six of Garofoli – (0:51:24)
(5) Summary of the Garofoli step six procedure – (0:58:14)
(6) Did the trial judge err on the Garofoli ruling? – (1:00:10)
(a) Did the trial err in limiting the appellant to a facial validity challenge of the ITO? – (1:00:49)
(b) Did the trial judge find the appellant’s right to full answer and defence was attenuated? – (1:04:33)
(c) Did the trial judge fail to consider relevant factors in granting the Crown’s step six application? – (1:06:49)
(d) Conclusion on the step six issue – (1:13:03)
III: THE REMAINING ISSUES ON APPEAL – (1:13:21)
A: THE CORBETT APPLICATION – (1:13:47)
(1) The trial judge’s ruling on the application – (1:13:49)
(2) Analysis – (1:16:17)
View all episodes
By dictaThe judgment of Rouleau J
I: OVERVIEW – (0:00:09)
II: THE STEP SIX ISSUE – (0:03:34)
A: FACTS – (0:03:36)
(1) The search and seizure – (0:03:38)
(2) The apartment – (0:06:11)
(3) The tips and investigation leading to the warrants – (0:08:07)
(a) Confidential informer tips – (0:08:59)
(b) Police investigation – (0:10:29)
B: PROCEEDINGS BELOW – (0:13:02)
(1) The section 8 application – (0:13:04)
(a) Disclosure – (0:16:57)
(b) Claim of confidentiality with respect to CI1 – (0:17:23)
(c) Garofoli step two/three – review of the editing of the ITO – (0:18:34)
(d) Review of the Crown’s proposed judicial summary of the redactions – (0:19:04)
(e) The cross-examination – (0:19:58)
(f) Step six Crown cross-application for review of the unedited ITO – (0:20:53)
(2) The ruling on the section 8 application – (0:24:57)
C: ANALYSIS – (0:26:21)
(1) The Garofoli step six procedure – (0:26:54)
(2) The various interests at play – (0:29:52)
(a) The interest of law enforcement – (0:29:55)
(b) Informer privilege – (0:32:26)
(c) The right to make full answer and defence – (0:34:09)
(3) Protecting the right of full answer and defence – (0:38:51)
(a) The context of Garofoli step six – (0:39:13)
(b) An accused must be able to mount a facial and sub-facial challenge at step six – (0:43:59)
(4) Assessing the sufficiency of the summary and ITO at step six of Garofoli – (0:51:24)
(5) Summary of the Garofoli step six procedure – (0:58:14)
(6) Did the trial judge err on the Garofoli ruling? – (1:00:10)
(a) Did the trial err in limiting the appellant to a facial validity challenge of the ITO? – (1:00:49)
(b) Did the trial judge find the appellant’s right to full answer and defence was attenuated? – (1:04:33)
(c) Did the trial judge fail to consider relevant factors in granting the Crown’s step six application? – (1:06:49)
(d) Conclusion on the step six issue – (1:13:03)
III: THE REMAINING ISSUES ON APPEAL – (1:13:21)
A: THE CORBETT APPLICATION – (1:13:47)
(1) The trial judge’s ruling on the application – (1:13:49)
(2) Analysis – (1:16:17)