R v Amer, 2017 Calgary Court Of Queen’s Bench – Confidential Informants


 

Application for disclosure of technical information relating to police use of Mobile Device Identifiers (MDIs). Crown certified objection to this disclosure on the basis of public interest privilege under to s 37 of the Canada Evidence Act. Basi hearing.

Held: Investigative privilege established; disclosure prohibited.

Based on a review of the case law, “[i]nvestigative privilege covers information that (1) is used by police in their law enforcement functions; (2) is not publicly known and (3) if disclosed, may assist offenders to interfere with or defeat police investigative functions”.  Some public knowledge regarding aspects of MDI use by police.  However, make, model and software, and the means by which the MDI obtains cell identifier information, would give rise to “genuine and reasonably-based” concerns that disclosure could aid criminals in avoiding detection.

A. Kapoor – Amicus Curiae