Section 107 - Informants

(1) The Government has a privilege to refuse to disclose and to prevent any other person from disclosing, the identity of a person who has supplied the Government with information purporting to reveal the commission of a crime or a plan to commit a crime.

(2) The Government does not, under subsection (1), have a privilege to refuse to disclose a communication from a person except to the extent necessary to protect the identity of the person from disclosure.

(3) The Government’s privilege under subsection (1) may be claimed by a person authorised by the Government to claim the privilege.

(4) The Government does not have a privilege under subsection (1) where the identity of the informant has been disclosed to the public by the Government, or the informant, or if the informant appears as a witness in Court in an action to which the communication of the informant relates.

(5) Where the Government claims its privilege under this section and the circumstances indicate a reasonable probability that the informant can give testimony necessary to a fair determination of guilt or innocence, in a criminal action the Court may on its own motion and shall on the motion of the accused dismiss the action.