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Tag: probative

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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