This appeal addressed whether informer privilege can protect an anonymous Crime Stoppers tip made to obstruct a police investigation.
The Court held privilege does not apply where, on a balance of probabilities, the caller intended to further criminal activity or interfere with the administration of justice.
It confirmed judges should presume privilege exists and determine applicability through in camera proceedings, often ex parte, with fairness safeguards for the defence.
The Court also confirmed judges may review the tip record and may require a preliminary exclusion or probity showing before full litigation.
The appeal was dismissed.
