The appellants challenged confidentiality orders made in proceedings involving a police informer who was charged with criminal offences and brought a motion for a stay of proceedings based on abusive state conduct.
The trial court proceeded entirely in camera without notice to the media and without listing the proceedings on the docket.
The Court of Appeal allowed the informer's appeal, stayed the conviction, but upheld sealing of all identifying information.
The Supreme Court held that no secret trial occurred, that the Vancouver Sun procedure should not be modified, that judges must retain discretion over notice to third parties, and that privileged information cannot be disclosed even to counsel for interested third parties.
However, the Court held that the trial judge should have created a parallel proceeding with its own record number, and that the Court of Appeal erred by not making public a redacted version of the trial judgment.
Appeals allowed in part and case remanded to the Quebec Court of Appeal.
