Three employees of the provincial government of British Columbia were charged with corruption and breach of trust following the BC Legislature Raids.
The British Columbia Court of Appeal split 2-1 in upholding the trial judge's decision.
This allowed the defendants' lawyers to be present during a hearing regarding disclosure of documents to the defence that involved a police informant.
Trial judges should adopt all reasonable measures to permit defence counsel to make meaningful submissions regarding what occurs in their absence.
The Court went on to suggest various methods trial judges may adopt to limit the unfairness to a defendant.