R. v. Plowman (B.) et al., 2015 ABQB 667

• Judge: Macklin, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 13, 2015
• Citations: 2015 ABQB 667;[2015] A.R. TBEd. OC.084

R. v. Plowman (B.), [2015] A.R. TBEd. OC.084

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. OC.084

Her Majesty the Queen in Right of Alberta (Crown) v. Brandon Plowman and Ryan James Atkins (accused)

(130498918Q2; 2015 ABQB 667)

Indexed As: R. v. Plowman (B.) et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Macklin, J.

October 22, 2015.

Summary:

The accused, Plowman and Atkins, faced a number of drug related offences, as well as one count each of possession of a weapon and one count each of possession of the proceeds of crime. Plowman applied for disclosure of information relating to an Information To Obtain (ITO) that was used in support of the application for a Warrant to Search his residence and a vehicle. In particular, he sought Source Handler Notes and Source Debriefing Reports (SDR) with respect to two paragraphs (8 and 15) in the ITO, as well as all investigative files, including notes, relating to two Street Check Reports referred to in the ITO.

The Alberta Court of Queen's Bench allowed the application only with respect to the SDR relating to paragraph 8 of the ITO, subject to editing or redaction to exclude any information that could identify the confidential informant.

Criminal Law - Topic 129

General principles - Rights of accused - Right to discovery or production (disclosure) - See paragraphs 1 to 71.

Criminal Law - Topic 3099

Special powers - Issue of search warrants - Confidentiality of supporting material - See paragraphs 1 to 71.

Criminal Law - Topic 3105

Special powers - Issue of search warrants - Privileged or confidential documents - See paragraphs 1 to 71.

Criminal Law - Topic 4505

Procedure - Trial - Special duties of Crown - Duty to disclose evidence prior to trial - See paragraphs 1 to 71.

Evidence - Topic 4149

Witnesses - Privilege - Privileged topics - Evidence on police informants - See paragraphs 1 to 71.

Evidence - Topic 4150

Witnesses - Privilege - Privileged topics - Identity or location of police informants - See paragraphs 1 to 71.

Counsel:

James F. Johnson, for the Crown;

Adam Badari, for the accused, Brandon Plowman;

Walter Raponi, for the accused, Ryan Atkins.

This application was heard on October 13, 2015, before Macklin, J., of the Alberta Court of Queen's bench, Judicial District of Edmonton, who delivered the following decision on October 22, 2015.