All Disclosure

R v O’Connor – (1995) 4 SCR 411 (McLachlin): [193] The task before us on this appeal is to devise a test for the production of records held by third parties which preserves the right of an accused to a fair trial while respecting individual and public interest in privacy and the efficient administration of justice. The key to achieving Read more...

R v Darwish, 2010 ONCA 124 (Doherty): [29] An accused does not have a freestanding constitutional right to an adequate investigation of the charges against him or her: R. v. Barnes, 2009 ONCA 432, at para. 1. Inadequacies in an investigation may lead to the ultimate failure of the prosecution, to a specific breach of a Charter right or to Read more...

R v Jalili, 2018 ONSC 6408 (Ahktar): [55] Mr. Thorning’s position that it was incumbent on the police to record every interaction with the complainant as part of disclosure, is also incorrect. [56] In R. v. Machado, 2010 ONSC 277, 92 M.V.R. (5th) 58, at para. 121, Durno J. commented that “[w]hile officers’ notes are provided as part of disclosure, Read more...

R v Jalili, 2018 ONSC 6408 (Ahktar): [53] The test for disclosure can be found at p. 339 of Stinchcombe which states that the Crown need not produce “what is clearly irrelevant”. Communications between the officer in charge dealing with attendance at court, scheduling interviews, and explaining court procedure are therefore not disclosable because they have nothing to do with Read more...

R v Jalili, 2018 ONSC 6408 (Ahktar): [63] The Crown did not breach its disclosure obligations because the defence failed to meet its burden to show that the notes met the Flis requirements. If Mr. Thorning was seeking further information regarding the contact between Det. McInnis and the complainant, it was incumbent on him “to meet the burden of demonstrating Read more...