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Tag: exculpatory

OBTAINING DISCLOSURE WHEN CHARGED WITH A CRIMINAL OFFENCE

A constitutional right to disclosure is part of one’s right to provide a full answer and defence, guaranteed by section 7 of the Canadian Charter of Rights and Freedoms (the Charter), when charged with an offence. Likewise, the Crown’s duty to disclose all relevant evidence to the defence is recognized at common law as a component of the accused’s right to a fair trial. This obligation to fulfill that guarantee under

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