Hersh Wolch

The appellant, a private investigator hired by the defence, attempted to discover the identity of a confidential police informant.

He was charged with obstruction of justice and extortion.

The trial judge acquitted him on all counts.

The Court of Appeal ordered a new trial on all counts.

The Supreme Court of Canada held that while the defence is not bound by informer privilege and may independently investigate an informant's identity, such investigation must be lawful.

The Court ordered a new trial on the obstruction of justice and the first extortion count (against the police officer) due to errors of law by the trial judge, but restored the acquittal on the second extortion count (against the associates) as it was based on factual findings.

The appellant was convicted of first degree murder by a judge and jury.

He appealed his conviction, arguing that the trial judge erred in instructing the jury that they could consider his post-offence conduct as consistent with a pre-existing plan and intention to kill.

The majority of the Court of Appeal dismissed the appeal.

The Supreme Court of Canada dismissed the appeal as of right, finding that the jury instructions, read as a whole, were fair, balanced, and accurate regarding post-offence conduct.