Quote:
Originally Posted by greyshep
Also slightly relates to my question a few pages ago too. Maybe Mbates could answer this... How much of the evidence is seen by the defence prior to entering a plea? Would they have known that they were up against a stacked deck and could they have tried to counsel their client that it may not be worth proceeding? Does this happen?
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While I am quick to point out the police and Crown often fail to provide everything we are entitled to, there have been no such concerns raised in this case. The defence would have had all of the evidence well in advance.
The main case that solidified disclosure as a constitutional right, R v Stinchcombe, is from Calgary in fact and was a case worked on by lawyers in the firm I started out with. In short, an accused is entitled to receive most disclosure prior to making a decision on plea in part because he or she might plead guilty when faced with an insurmountable case for the Crown.
https://scc-csc.lexum.com/scc-csc/sc...m/808/index.do