Case Categories: Disclosure and 1 - PRE-TRIAL ISSUES
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, there is no law that I am aware of that an officer must record everything he or she did or saw in their notebook to comply with the Crown’s disclosure obligation.” See also: R. v. Whitton, 2016 BCSC 1799, at para. 40; R. v. Antoniak, [2007] O.J. No. 4816, at paras. 24-25.
Case Categories: Disclosure and 1 - PRE-TRIAL ISSUES