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R v Stinchcombe

November 7, 1991

By Megan Doucet

[1991] 3 S.C.R. 326

This is a Landmark Case that settled the long-standing issue of whether or not the Crown has a duty to disclose all evidence that is relevant to a case, even if it would be harmful to their argument.

Charter of Rights and Freedoms

Applicable CRF Sections:

Background Info

The Crown's duty to disclose is derived from the right of an accused to make a “full answer and defence,” which is protected under Section 7 of the CRF as a principle of fundamental justice.

S. 7 of the CRF states:

"Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."

  • William Stinchcombe was charged with breach of trust, theft and fraud.

  • One of the Crown's witnesses, Patricia Lineham, was a former secretary of Stinchcombe's. She gave evidence that supported the defence's position.

  • The Crown informed the defence of the existence of the evidence, but denied them access to the contents of Lineham's statement.

  • When the Crown did not use the statement during the trial, the defence made a request for it to the judge who refused to provide it. The accused was eventually convicted.

Progression Through The Courts

Bibliography

Thank You

Alberta Court of Queen's Bench (1989)

  • Stinchcombe was found guilty of breach of trust and fraud

Alberta Court of Appeal

  • Upheld the trial decision

Supreme Court of Canada (1991)

  • In a unanimous decision, the SCC overturned the Alberta Court of Appeal's decision. Held that the Crown did have a duty to disclose the evidence to the defence. A new trial was ordered.
  • http://ojen.ca/sites/ojen.ca/files/resources/OJEN%20Landmark%20Case_R%20v%20Stinchcombe_0.pdf

  • http://laws-lois.justice.gc.ca/eng/const/page-15.html

  • http://ojen.ca/sites/ojen.ca/files/resources/In%20Brief_Section%201%20and%20Oakes_0.pdf

"The Crown has a legal duty to disclose all relevant information to the defence. The fruits of the investigation which are in its possession are not the property of the Crown for use in securing a conviction but the property of the public to be used to ensure that justice is done."

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