Finally! Taxpayers will get a fair trial or B.C. judge will order a stay.
Gouge, J., a B.C. Provincial Court judge, has come up with an innovative strategy to protect taxpayers' right to a fair trial without revealing the identity of an informant. The decision sends a strong signal to Parliament and to future litigants, particularly the swelling number of us suing the agency for misfeasance.
See para. 26 of R. v. McCartie, 2013 BCPC 289 (CanLII), <http://canlii.ca/t/g1m55>: 'I am not confident that the procedure outlined in paragraph 25 will result in a fair trial. I will not be in a position to assess that question until later in the trial. If I conclude that the trial has not been fair, it will then be necessary to consider whether it should be allowed to proceed, despite its unfairness, or whether a judicial stay of proceedings should be ordered. It would be premature to consider that issue now.'
The judge has taken great care to protect taxpayers against an appeal - a first, at least in recent memory.