CRIM 330 Lecture Notes - Lecture 5: Fundamental Justice, Indictable Offence, Exculpatory Evidence
20 Apr 2018
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Crown disclosure and the preliminary inquiry: crown disclosure (a) introduction. No trial by ambush (b) legal basis (i) common law. Long standing common law duty on prosecutors to disclose but practice varied (ii) criminal code section 603. 650 (3) an accused is entitled, after the close of the case for the prosecution, to make full answer and defence personally or by counsel. This provision applied to a jury trial in superior court (indictable offence) The entitlement to make full answer and defence has been interpreted as imposing on the crown an obligation to make full disclosure in this circumstance (iv) charter s. 7 and r v stinchcombe (1991)(scc) The key concept here is the principles of fundamental justice . In stinchcombe the scc ruled that the right to make full answer and defence is a substantive principle of fundamental justice.
