This could, in some situations, permit the presence of counsel for the witness or Crown counsel, and include a method of recording the interview. In others, Crown counsel may wish to provide the accused with a written or oral notification in court. h�ԖQk�0ǿ�}�L�Y�%(�&[Y�-� � ��KLjH�������S,W��4�{Xɺ�|����� 6e�@����%�%-�(���,� Material relevant to the case-in-chief, 3.17. Information that may reveal confidential investigative techniques used by the police is generally protected from disclosure. Is a disclosure the same as an inspection? Martin Committee Report, ibid at 252. 윁M�d�{6Op�d%��n���b�M!X`m"\6d�@ ���+H�q���G9cಎ3Sws��`"9s�K��-`0�&���o��oz��k�m:)rC��q�DZN�x\�����T\0��ב4W��k�a�Ry��yZ�7|Q7(K�����z�K5�"_^}a�N=��MU�����a����B�Oλ,��j�-g2a#������BnYO��C�V�?����_���+������}���� �F�� endstream endobj 75 0 obj <>stream Where disclosure of information is delayed to protect the safety or security of witnesses pursuant to section 4.2 of this guideline or to complete an investigation pursuant to section 5.3, Crown counsel must disclose the information as soon as the justification for the delay in disclosure no longer exists. Information which “may assist the accused” is not always easily recognizable. In cases in which there are no sensitive disclosure materials, these basic conditions provide fair warning for accused persons that the disclosure material is not to be disseminated or used for purposes other than to assist them in making full answer and defence in the prosecution. Without control there is no duty to disclose on the part of Crown counsel or the police. Crown counsel’s disclosure obligation is a continuing one and relates to information that comes to the attention of or into the possession of Crown counsel throughout the process and continues after conviction, including after appeals have been decided or the time of appeal has elapsed.Footnote 10, Crown counsel shall, as soon as reasonably practicable,Footnote 11 provide disclosure. It is not the same thing as an independent inspection by a third party. If charges were laid but the accused fled Canada or for some other reason is not before a Canadian court, there is no obligation to provide full disclosure. In Canada, this means a printout of the record held by the Canadian Police Information Centre (CPIC); for foreign witnesses, this means the CPIC equivalent. Typically, personnel files of private sector employees are considered the employer’s property, and some companies use that rationale to limit access to … However, in some circumstances, even the acknowledgement that information exists (i.e., information related to international relations, national defence or security or information regarding a police informer or an ongoing police investigation) would cause the harm that the privilege is seeking to prevent. access-list 101 permit tcp any any eq 21 !--- The above line permits TCP traffic from any source, such as the FTP client, to any !--- FTP server destination at the FTP control port 21. access-list 101 permit tcp any eq 20 any!--- The above line permits TCP traffic from any source, such as the FTP server, to any !--- FTP client at FTP data port 20. The Crown’s disclosure obligation includes any additional relevant information received by CWCs from victims and civilian witness during interviews or other contacts with such persons. But you should ask for it. Requests for production of the information in support of a search warrant that has been sealed pursuant to a court order under s 487.3 of the Code will be governed by the substantive law and procedure set out in that section, and the case law as it is developing in this area. The wiretap logs and session lists should be a routine part of the disclosure provided to the accused in every wiretap case, subject to editing for privilege and subject to appropriate undertakings or court-ordered conditions. See also the Martin Committee Report, supra note 10 at 272; R v Blencowe (1997), 118 CCC (3d) 529 (Ont Ct (Gen Div)) at 537. To avoid the possibility of Crown counsel being called as a witness, interviews should be conducted in the presence of a police officer or other appropriate third person, where practical to do so;Footnote 33. In other words, it must be reasonably accessible. In document heavy cases, counsel must particularly ensure that the disclosure provided to defence is well organized and capable of being searched. An adjournment may be necessary in these circumstances to ensure a fair trial. The purpose of this section is to underscore the proposition that disclosure is not a ‘one-shot’ deal. Information obtained by Crown Witness Coordinators, 4.2. Moreover, records access permits law enforcement to prevent or punish private access that is itself harmful and criminal, such as identity theft and computer hacking. Section 38 of the Canada Evidence Act creates a scheme for the protection of ‘sensitive information’ and ‘potentially injurious information’, as defined in that section, with respect to international relations, national defence or national security. See also the Martin Committee Report, supra note 10 at 251. Where a witness is willing to be interviewed, but there nonetheless exists a reasonable basis to believe that the disclosure of information concerning the identity or location of the witness may lead to interference with the witness or with the administration of justice as described above, including situations where the witness is in a Witness Protection Program, Crown counsel may decide to arrange for an interview by defence counsel at a location and under circumstances that will ensure the continued protection of the witness.Footnote 42 If the witness is protected under a Witness Protection Program, the agreement of the police agency administering the program will be required. RFC 1918 contains address allocation for private Internets, IP addresses which should not normally be seen … This role does not involve a wholesale turning over of material provided by the police but rather a “studied analysis” to determine if it is relevant to the defence.”. It is difficult to provide ‘bright line’ guidelines respecting disclosure of the ‘unused’ material in the Crown's file. In most instances, this section will require disclosure of the basic terms of the arrangement between the Crown and any co-operating accomplice expected to testify on behalf of the Crown, subject to the limitations in section 5 of this guideline. The Supreme Court makes it clear that the obligation, though broad, is not absolute, but is subject to Crown counsel’s discretion with respect to both the timing of disclosure and the withholding of information for valid purposes, including the protection of police informers, cabinet confidences and national security, international relations and national defence information.Footnote 2 The obligation is also subject to the limitation that the accused has no right to information that would distort the truth-seeking process.Footnote 3. both: 1. See R v Egger, [1993] 2 SCR 451 at 466-67. The information available in each case should be examined carefully. ________ undertakes to permit access to the Confidential Information only to those of their advisers, agents, directors and employees who reasonably need access to the Confidential Information for the Purpose, and on the conditions that such advisers, agents, directors and … For a more complete discussion of this issue, see the PPSC Deskbook guideline “3.11 Informer Privilege”, supra note 2. See section 5.8 in this regard. P% 8L��b�30��� _S�( �gg�|=)���Pb�? If the agency fails to do so, Crown counsel may need to assess the extent to which the accused is able to have a fair trial and decide whether, in the circumstances, an adjournment, stay of proceedings or other remedy is required or appropriate. O’Connor, supra note 9 at 45 (per L’Heureux-Dubé J.) Such information should be adduced by the Crown in the examination-in-chief of the witness. If the fact of the existence of the privileged information cannot be disclosed, a stay of proceedings may be required. to encourage the resolution of facts in issue including, where appropriate, the entering of guilty pleas at an early stage in the proceedings. Foreign convictions, if known, should also be disclosed. In the case of foreign convictions, however, special care must be taken to confirm the proper identity of the person convicted. See Blank v Canada (Minister of Justice), [2006] 2 SCR 319. See the PPSC Deskbook directive “4.1 Protecting Confidential Information under Section 37 of the Canada Evidence Act”, supra note 2. Where the accused is unrepresented, Crown counsel should use his/her judgment as to whether copies of such documents should be provided in a paper format. It is not intended to be exhaustive, see section 3.18 of this guideline regarding other material. A copy of the signed POLST form is a legally valid physician order. 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