The Crown sought to admit evidence of a Crime Stoppers tip allegedly made by the accused, Keenan Corner, in a second-degree murder trial.
The defence and Crime Stoppers argued informer privilege applied.
The court ruled that informer privilege does not apply when an accused uses the Crime Stoppers system to deflect suspicion from themselves, as such conduct would constitute a criminal offence (public mischief, obstruction of justice) and divert the privilege from its intended purpose.
The court found, on a balance of probabilities, that the Crime Stoppers call was not legitimate and was made by the accused, based on surveillance evidence and significant similarities between the tip and the accused's statements to police.
The evidence was deemed admissible, subject to a final review of its probative versus prejudicial value.