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Progress Through the Courts

Alberta Court of Queen's Bench

  • Ruled Mr. Stinchcombe guilty

  • The defence appealed but Alberta court of appeal but it upheld the previous decision

Supreme Court of Canada

  • Overturned the previous decision and ruled that the crown had to disclose the information

What happens if evidence is not dislosed

  • The trial judge decides if the information not disclosed to the case is relevant to the case and if it is then does it impair the right of the person to make full answer and defence.

  • If trial is ongoing and there is relevant information then the crown will be ordered to reveal the information and trial will be continued afterwards.

  • In rare cases a new trial may be ordered.

  • A stay of proceedings may be asked when a serious breach of charter rights has been done.

  • This stops the trial and the crown cannot continue the prosecution of that particular case.

R v Stinchcombe

Intro

Mr. Stinchcombe's Case

  • Before the trial the crown called Ms.Lineham, a secretary, as a witness

  • She have a testimony that supported Mr. Stichcombe's defence,

  • She was interviewed by the police and the interview was recorded

  • The defence was told of the evidence but the information wasn't disclosed

  • At the first trial Ms.Lineham wasn’t called as a witness

  • Defence asked the crownto call Ms. Lineham as a witness or disclose the information in the tapes and documents.

  • The judge decided that the crown didn't have to call her as a witness. Mr Stinchcombe lost

  • He was a lawyer in Alberta

  • Case took place in 1991

  • A client of his accused him of damaging his property

  • the crown accused him for breach of trust, theft, and fraud

What Information Must be Disclosed

Supreme Court's Ruling

  • Everything relating to the trial, irrelevant stuff doesn't have to be mentioned

  • If evidence or information is found, it must be disclosed right away

  • Crown may withhold info such as identity of a civilian informant

  • If the information compromises an ongoing investigation, it does not have to be disclosed

  • Supreme court ruled that the crown had to disclose all information to ensure a fair trial.

  • S.7 of the charter – right to make “full answer and defense” was breached

  • New trial was ordered.

  • Court said that – crown should disclose all relevant information before the accused is required to plead guilty or not guilty, or elects the mode of trial

  • New evidence gathered during the trial is to be disclosed but any plans to gather the evidence don’t have to be disclosed.

  • This was , justice is more likely to be served

Why is Disclosure Important

  • The trial will be fair
  • The accused can make a full answer

and defense

  • It is of the up most importance that the innocent are not convecte

New Trial

References

•Land Mark Case. Crown Duty To Disclose: R v Stinchcombe. ...(n.d.). OJEN. Retrieved March 4, 2014, from http://www.ojen.ca/sites/ojen.ca/files/resources/OJEN%20Landmark%20Case_R%20v%20Stinchcombe_0.pdf

Supreme Court Judgments. (n.d.). SCC Cases (Lexum) - R. v. Stinchcombe. Retrieved March 4, 2014, from http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/808/index.do

  • At the new trial the crown revealed that it had lost the original tape and written statement.

  • The judge ordered stay of proceedings which the crown appealed all the way to the SCC

  • The SCC ruled that the disclosure of the original evidence was nor necessary and copies could be used.

  • At the third trial the crown didn't call on any evidence or witnesses and Mr. Stinchcombe was acquitted of all charges.

Why did the SCC Rule That the Crown Must Disclose Information

  • Every one has the right to life,liberty, and security
  • when a person is sent to prison, they are deprived of this
  • with out full knowledge, the accused are not able to make a fully formed defense

Key People

  • Mr. Stinchcombe – Accused
  • Jack Abrams – Client of the accused
  • Crown prosecutor
  • Ms. Lineham - witness
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