CRMN 2010U Lecture 5: Criminal Law_lecture 5
8 Mar 2018
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Document Summary
The charter and the criminal justice system: pre-trial (disclosure and bail) Once charges are laid -> individual moves from being a suspect to being the accused. If arrested by the police -> question of bail. Disclosure must be provided early (usually at first appearance of the accused in court) Same concern as at the investigation stage: imbalance of power between the accused and the state; vulnerability of the accused to (abusive) authority. Please find a section of the charter that contains the right to disclosure in the criminal process. A witness interviewed by the police gave evidence favourable to the accused (mr. The defence was informed of the existence but not of the content of the statement made by the witness. The prosecutor decided not to call the witness at trial and would not produce the statements obtained at the interview.
