Comments on: R. v. Basi: (I) The Sanctity of Informer Privilege; (II) Preliminary Appeals in Criminal Trials http://www.thecourt.ca/2009/11/23/r-v-basi-i-the-sanctity-of-informer-privilege-ii-preliminary-appeals-in-criminal-trials/ The Court is the online resource for data and debate about the Supreme Court of Canada. Wed, 10 Mar 2010 13:58:12 +0000 http://wordpress.org/?v=2.7.1 hourly 1 By: James Morrison http://www.thecourt.ca/2009/11/23/r-v-basi-i-the-sanctity-of-informer-privilege-ii-preliminary-appeals-in-criminal-trials/comment-page-1/#comment-176147 James Morrison Sat, 16 Jan 2010 04:28:52 +0000 http://www.thecourt.ca/?p=3197#comment-176147 Very interesting to me as I won a 11b charter motion on Sept 22, 2005 (Morrison c. R.) in Montreal. Aside from the facts that there was no case forthe Crown the saving factor, for me, was that my then attorney kept impecable notes of all letteres and telephone communications to andfrom Counsel so wasable to clearly demonstrate at the hearing the unreasonable delay. The story goes on too especially about the subject of above article itself. That was somewhat captured in a 4 page article of Le Devoir on May 8th 2009 and will be the subject of a civil action in Damages Very interesting to me as I won a 11b charter motion on Sept 22, 2005 (Morrison c. R.) in Montreal.

Aside from the facts that there was no case forthe Crown the saving factor, for me, was that my then attorney kept impecable notes of all letteres and telephone communications to andfrom Counsel so wasable to clearly demonstrate at the hearing the unreasonable delay.

The story goes on too especially about the subject of above article itself. That was somewhat captured in a 4 page article of Le Devoir on May 8th 2009 and will be the subject of a civil action in Damages

]]> By: Ahsan Mirza http://www.thecourt.ca/2009/11/23/r-v-basi-i-the-sanctity-of-informer-privilege-ii-preliminary-appeals-in-criminal-trials/comment-page-1/#comment-164380 Ahsan Mirza Mon, 23 Nov 2009 17:04:20 +0000 http://www.thecourt.ca/?p=3197#comment-164380 <strong>N.B.</strong> Regarding burden of proof in s.11(b) cases, see also <em>R. v. Morin</em>, <a href="http://csc.lexum.umontreal.ca/en/1992/1992scr1-771/1992scr1-771.html" rel="nofollow">[1992] 1 S.C.R. 771</a>: The burden of proof is on the applicant in a <em>Charter</em> challenge. While the applicant has the legal burden of establishing a <em>Charter</em> violation, an evidentiary burden of putting forth evidence or argument on particular factors will shift depending on the circumstances of each case. N.B.
Regarding burden of proof in s.11(b) cases, see also R. v. Morin, [1992] 1 S.C.R. 771: The burden of proof is on the applicant in a Charter challenge. While the applicant has the legal burden of establishing a Charter violation, an evidentiary burden of putting forth evidence or argument on particular factors will shift depending on the circumstances of each case.

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