Lawsuit against Halifax police officers will proceed in total secrecy
A civil suit against two Halifax Regional Police officers will proceed under a blanket of total secrecy after a judge agreed to the extraordinary measure to protect the identify of a police informant who launched the lawsuit.
The informant, who is identified in court documents by the pseudonym John Doe, is suing constables Gary Basso and Ashley Lewis, along with the city and the police force.
Doe accuses the two officers of identifying him and putting his life at risk. He and his girlfriend, identified as Jane Doe, say they have received threats as a result of the officers' actions. Jane Doe is also suing the city and the police.
John Doe's right to have his identity protected is covered under something called informer privilege. In a ruling released Tuesday, Nova Scotia Supreme Court Justice Jamie Campbell said that right trumps the open court principle.
'Serious compromise of informer privilege'
In his ruling, the judge noted that a simple publication ban would not suffice.
"Even if it can be said that the trial would not attract large numbers of people," Campbell wrote, "having him testify in public would identify him publicly. It would amount to a serious compromise of the informer privilege."
The CBC had argued against a closed courtroom and total sealing of the proceeding. In its brief and arguments, CBC had suggested that using a screen to conceal John Doe or having him testify via video link would protect his identity.
But the judge said someone in the courtroom could still recognize Doe's voice and discern his identity.
There's no word on when the civil lawsuit might proceed. And with the granting of this sealing order, the dates and outcome of this case will not be known.
