Lawyers for the Halifax Regional Municipality and a police informant are trying to throw a blanket of total secrecy over a civil lawsuit alleging misconduct by two police officers.

The informant, who's identified in court documents by the pseudonym John Doe, alleges Halifax Regional Police constables Gary Basso and Ashley Lewis failed to protect his identity. His girlfriend, identified as Jane Doe, has joined in the lawsuit.

As an informant, John Doe is automatically entitled to protection of his identity. The question Nova Scotia Supreme Court Justice Jamie Campbell is wrestling with is what form that protection should take.

"There's no discretion on the 'whether,' but there is discretion on the 'how,'" Campbell said.

Lawyer seeks total ban

He conducted a hearing Friday morning to hear arguments from lawyers for the city, the informant and his girlfriend, and the CBC.

The lawyer for John and Jane Doe, Wayne Bacchus, argued the only way to truly protect the identities is to seal both the courtroom and all documents relating to this case. Without a total ban, he said, "they would not have access to justice."

The lawyer for Halifax, Karen MacDonald, said John Doe is integral to the case.

"I'm not sure how you can have an open court if the plaintiff is in the court for the entire trial," she said.

Alternatives to secrecy

The lawyer for the CBC, David Coles, argued there are measures short of sealing the courtroom entirely that would still protect John Doe's identity. As alternatives to total secrecy, Coles suggested he could testify from behind a screen or possibly by video link from a remote location.

Coles argued there is a clear public interest in this case. He said if John and Jane Doe are successful in their lawsuit, "the taxpayers of the city of Halifax are going to have to write a cheque."

The lawsuit against Basso and Lewis was launched a year ago. In their statement of claim, John and Jane Doe allege their safety has been put at risk by the failure of the two officers to take adequate steps to protect John Doe's identity as an informant.

While John Doe is entitled to protection under something known as informant privilege, his girlfriend is not automatically entitled to the same protection. However, MacDonald for HRM said identifying Jane Doe would almost certainly enable people to figure out who John Doe is.

Campbell reserved his decision, promising to hand it down as soon as possible.

No dates for the actual trial have been set.