Court and Parties

ONTARIO COURT OF JUSTICE

DATE: October 23, 2023

BETWEEN:

HIS MAJESTY THE KING

— AND —

PHI HO, QUAN BINH HO

Before: Justice Louise A. Botham

Counsel: S. Egan and A. Shachter, for the Public Prosecution Service of Canada G. Pannu, Counsel for the Applicant Phi Ho S. Shikhman, Counsel for the Applicant Quan Binh Ho

Ruling on Application for Basi Hearing #2

BOTHAM J.:

[1] The Applicants Quan Binh Ho and Phi Ho challenge the lawfulness of the search of 1501 Albion Road, Unit 238 in Toronto. The search was conducted pursuant to a search warrant.

[2] Aspects of the ITO sworn in support of the search have been redacted to protect the identity of two sources referenced in the Albion Road ITO. A Judicial Summary has been prepared with respect to those redactions. The Respondent resists production of the actual content of the redacted material, claiming informant privilege.

[3] The Applicants have challenged the Respondent’s assertion of privilege relating to Source #1. It is asserted that there is a basis to believe that Source #1 was acting at the direction of the police and that therefore the Crown cannot claim privilege over the redacted materials.

[4] The Respondent had provided me with sealed materials to support the claim of privilege with respect to Source #1. In the interests of ensuring that the Applicants’ concerns were fully addressed, I required that the Respondent call viva voce evidence with respect to the materials that I had received.

[5] Counsel for the Applicant provided a series of questions to be posed at that hearing. Those questions were posed and answered. Having considered the materials filed by the Applicant in conjunction with the evidence heard at the hearing, I am satisfied that the Applicant’s claim of privilege for Source #1 is properly founded.

[6] This matter can proceed as scheduled on October 26, 2023.

Released: October 23, 2023

Justice Louise A. Botham