Toeing the Line Between National Security and Criminal Prosecution: The SCC Tackles s. 38 of the Canada Evidence Act
The state may withhold so-called "secret evidence" in court proceedings, even if it means an alleged criminal may walk free. In a decision which delicately balances individual liberties with the state's obligation to protect society by preventing the disclosure of information that could pose a threat to national defence/security, the Supreme Court of Canada ("SCC") has […]