The appellant, who had been granted confidential informer status by one police force, was transferred to the Surete du Quebec, which failed to clarify his status despite repeated inquiries.
The application judge found the appellant was not a confidential informer with the SQ, rejecting his claims of express promises.
The majority held the application judge erred by failing to analyze whether an implicit promise of confidentiality arose from the nexus between the two police forces, and remitted the matter for reconsideration.
The dissent would have upheld the application judge's findings, concluding the appellant knew he did not have informer status and his claim was opportunistic.
