Quote:
Originally Posted by MBates
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 |
Is there an obligation for the defence to disclose any evidence, witnesses, or alabi's in has prior to the trial?