Counsel should be particularly mindful of the sensitivity of McNeil disclosure information, when dealing with self-represented accused persons. However, an adjournment is not required as a matter of law and much will depend on the circumstances of each case, including whether the accused is in custody. Meaning of permit. Unusual situations should be discussed with the Chief Federal Prosecutor. A. In most instances, it will be appropriate to provide this access under the supervision of an investigator or Crown counsel. Proof that you have the right to make an access to information request, such as proof of Canadian citizenship (a copy of your passport or citizenship certificate); proof of your status as a permanent resident (a copy of your permanent resident card); or proof of temporary status in Canada (a work, study and/or visitor permit). Prosecutors have an obligation to review misconduct material prior to disclosure to the accused. The Supreme Court of Canada has also recognized that Crown witnesses are not the property of the Crown whom Crown counsel can control and produce for examination by the defence: R v Khela, [1995] 4 SCR 201, (1995), 102 CCC (3d) 1 at 10. Protecting witnesses against interference, 4.2.1. This obligation is limited to material witnesses whose credibility is in issue. In document heavy cases, counsel must particularly ensure that the disclosure provided to defence is well organized and capable of being searched. 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. Absent extraordinary circumstances, disclosure of this assessment should be resisted on the basis that confidential information is necessary in order to ensure that the discretion to produce or withhold is exercised properly. The police informer privilege is subject to only one exception: where the accused’s factual innocence is at stake. Incarcerated unrepresented accused persons are entitled to adequate and private access to disclosure materials under the control and supervision of custodial officials. Crown counsel and CWCs must always ensure that any additional relevant information provided by victims and civilian witnesses is properly documented and if necessary disclosed. Wherever reasonably practicable, Crown counsel should request a written threat assessment from the investigators where limits on disclosure are being considered on this basis. However, pre-trial disclosure is not required of reply evidence that could be tendered by the Crown in response to issues raised by the accused at trial, where the relevance of that evidence only becomes apparent during the course of the trial itself.Footnote 49. As soon as available, copies of all expert witness reports in the possession of Crown counsel relating to the offence, whether helpful to the Crown or not, should be disclosed. (2) This Part applies to all claims except a claim on the small claims track.Back to top See Canada Evidence Act, RSC 1985, c C-5, ss 37, 38 and 39. This requirement includes statements provided by persons whether or not Crown counsel proposes to call them as witnesses; An appropriate opportunityFootnote 15 to view and listen to, in private, a copy of any audio or video recording of any statements made by a witness other than the accused to a person in authority.Footnote 16 This does not preclude Crown counsel, in his or her discretion, from providing copies of any video or audio recording or a transcript, where available and appropriate, but with appropriate disclosure conditions that take into account the sensitivity of the material. Where Crown counsel decides not to disclose relevant information on the grounds of privilege, defence counsel should be advised of the refusal, the basis of the refusal (i.e., type of privilege alleged) and the general nature of the information withheld to the extent possible. Information obtained by Crown Witness Coordinators, 4.2. Records held by foreign law enforcement agencies are not in the possession or control of the Crown for disclosure purposes. See section 4.3 of this guideline, regarding unrepresented accused. Where an accused person requests an additional copy or copies, the accused may be charged a reasonable fee for this service.Footnote 62. Audio/video evidence statements by witnesses, 3.11. This guideline assumes that the accused is before a court in Canada charged with an offence in a domestic criminal proceeding. Rather, it contemplates the provision of details or information concerning the circumstances surrounding the offence. Violations by an accused of the conditions (contained in a cover letter) would likely give rise to a Crown request to impose those conditions on the accused by court order. This obligation is not limited to protecting the name of the informer: it extends to any information that may tend to reveal the identity of the person who provided information to the police. Arrangements can be made with the jail to facilitate adequate and private electronic access to the disclosure materials. Special care may be required where an unrepresented accused personally seeks access to evidence where the integrity of that evidence may be placed in issue at trial, e.g., the drug exhibit, taped private communications. H��V�O�0�Wޱ=е��r2�����d��lnhp1���nfH. The information to be disclosed need not qualify as evidence; that is, it need not pass all of the tests concerning admissibility.Footnote 9 It is sufficient if the information is relevant, reliable and not subject to some form of privilege. Material relevant to the case-in-chief, 3.17. The purpose of this requirement is to avoid a miscarriage of justice on the basis of non-disclosure. See more. n. o. t . The Access to Information Act gives Canadian citizens, permanent residents, and any person or corporation present in Canada a right to access records of government institutions that are subject to the Act. H���MO1�������s��('JV���M�hUl�J���ء�!h%��Y�3�x�}K�G�r�!�2MW� p4�����| ��`9_��0�0\�i���p�7l�z�'|�G6���:���W��/�-�&z3��Dc�>'V�M��$.�m�x����;R?dx��9�Uw^��a��>�_�m,[�BS��hkԭ|��K�Yc�Y��y8k���A0����d�� In such circumstances, counsel are expected to exercise good judgment and consult with their Chief Federal Prosecutor to assess what is an appropriate course of action. access code or security question and answer that would permit access to an online account. Is a disclosure the same as an inspection? An adjournment may be necessary in these circumstances to ensure a fair trial. 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. 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. The confidential information is defined in the agreement which includes, but not limited to, proprietary information, trade secrets, and any other details which may include personal information or events. See section 5.8 in this regard. § 552a(b). For a more complete discussion of this issue, see the PPSC Deskbook directives “4.1 Protecting Confidential Information under Section 37 of the Canada Evidence Act”, “4.2 Protecting Confidential Information under Section 38 of the Canada Evidence Act” and “4.3 Protecting Cabinet Confidences under Section 39 of the Canada Evidence Act”, supra note 2. Information regarding criminal records of material Crown or defence witnesses that is relevant to credibility may have to be disclosed.Footnote 25 This includes disciplinary records of police witnesses where those records fall within the scope of the Crown’s disclosure obligation pursuant to McNeil.Footnote 26 There is no obligation to do a criminal record check on all Crown witnesses.Footnote 27 Special care must be taken with police agents and other potentially disreputable witnesses, particularly foreign ones. Copies of notes concerning the circumstances surrounding the offence of ‘ basic ’! 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