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Defendant Not Bound by Informer Priviledge

The duty to protect and enforce informer privilege rests on the police, the Crown, and the courts. The latter must not disclose any information that would tend to reveal an informer’s identity.

However, the defence is not bound by any such duty in undertaking its own investigation independently of the courts and the prosecution. The defence is entitled to do what it can to identify the informant and otherwise make full answer and defence, provided that the methods used are lawful. The right to make full answer and defence is fundamental to criminal justice and is protected by s. 7 of the Charter. However, not all attempts to identify an informant will be linked to that right.

It will depend on the circumstances. Some defence enquiries may amount to an obstruction of justice, or extortion, depending on the manner in which the enquiries are carried out and their intended purpose, and the other circumstances of the case.

Source: R. v. Barros, 2011 SCC 51

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IRIS Consulting
IRIS Consulting
16:43 04 May 19
I strongly recommend Aswani to people who need legal consulting. He is extremely competent and familiar with the system. He has handled some complex matters efficiently that I’d give him 5 stars. Keep up the amazing work Aswani. BR/Anandread more
Ryan Wolf
Ryan Wolf
23:24 21 Apr 19
Aswani k. Datt was randomly selected to represent me in a legal matter. He was professional, efficient, kind, caring, accommodating and very patient. He promised a quick and speedy resolve on my matter. He delivered as promise. He is highly recommended, and i want to thank him for everything that he has done for me. He is a brilliant and wonderful lawyer!read more
Sharanbir Khudal
Sharanbir Khudal
23:01 18 Apr 19
An Absolutely intelligent officer of the law, and an even better human being. He makes you feel comfortable and confident in your situation and will find ways to get you to your hopeful results in manners which you will not expect. I recommend him to everyone and anyone who needs legal help, not once, but as many times as necessary. If you’ve run across him for your legal needs, don’t look further.read more
Zulfiqar Shah
Zulfiqar Shah
14:10 10 Apr 19
I am trying to find words to describe our experience with Mr. Aswani, I find myself pondering how to describe him. I find myself lost for words and a short precise description would be Brilliant and Professional Lawyer, Friendly person to deal with and whenever we met him there was always a warm friendly smile telling you to not to worry. Ones walks out with confidence that he has your back. These words are the minimum to describe him, at least from my experience. If for any reason anyone out there needs a Lawyer, I would extremely highly recommend Aswani K Dutt.read more
Ankur Gandhi
Ankur Gandhi
20:40 05 Mar 19
Best lawyer in town. Needed someone to represent me with my divorce case involving a child. He went above and beyond. Trust me you won't go wrong if he's your lawyer. And when he gives you an advise please take it because he's only thinking in best interest of his client.read more
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