Section 6OH does not apply to a disclosure of information to the person who gave the information:
(a) in the case of information referred to in subparagraph 6OH(a)(i) or (ii)--at the private session; or
(b) in the case of information referred to in subparagraph 6OH(a)(iii)--to the member, or member of the staff, of the Commission.
Note: A defendant bears an evidential burden in relation to the matter in this section (see subsection 13.3(3) of the Criminal Code ).