Tag: information

30 Mar

THE REQUIREMENT FOR THE ACCUSED TO FIGHT FOR FULL DISCLOSURE

A time is reached in the course of disclosure when the onus is on the accused to settle the “likely relevance” of information withheld by the Crown in...

29 Mar

DISCLOSURE VS. PRIVILEGED INFORMATION IN CRIMINAL INVESTIGATIONS

The Crown counsel (prosecutor) has limited discretion to withhold disclosure where disclosure would reveal information protected by privilege. Such exceptions are solicitor-client privilege, police informer privilege, and the privilege...

24 Mar

HOW TO CLASSIFY A CRIMINAL OFFENCE

Criminal trials for adults (people age 18 or over) in Ontario, are carried out in two trial courts, the Ontario Court of Justice and the Superior...

16 Mar

TESTIMONY & BEING EXAMINED IN A DISCOVERY

At the outset, it is necessary to note that in Ontario there is no discovery in applications. In Ontario discoveries occur in actions; a two-part process, beginning...