The accused were charged with corruption, fraud, and breach of trust.
The Crown objected to disclosing unredacted documents, claiming informer privilege, and sought an ex parte, in camera hearing.
The trial judge allowed defence counsel to attend the hearing subject to undertakings.
The Crown appealed under s. 37 of the Canada Evidence Act.
The Supreme Court of Canada held that the trial judge's decision was a disclosure order subject to appeal, and that the trial judge erred in permitting defence counsel to attend the hearing, as doing so would inevitably reveal information protected by the informer privilege.
