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Tag: information

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 their disclosure obligation. Established in R. v. O’Connor, the threshold of likely relevance is that the trial judge must be satisfied that “there is a reasonable possibility that the information is logically probative to an issue at trial or the competence of a witness to testify”.

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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 to maintain the confidentiality of investigative techniques. The investigative techniques consists of any Crown work product.  Standard Crown work product, generally,

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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 Court of Justice. Trials taking place in the Ontario Court of Justice are presided over by a lone judge, while those taking place in the Superior Court of Justice are heard by a lone judge or by a judge and jury.

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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 with documentary discovery under the Rules of Civil Procedure (Rules) and then oral discovery (examinations). The purpose of discovery is sixfold, enabling the party to:

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