mardi 17 novembre 2015

La communication d'un inventaire peut être suffisant pour que la Couronne puisse satisfaire à son obligation de divulgation

R. v. Laporte et al, 1993 CanLII 6773 (SK CA)

Lien vers la décision

A more practical way of conducting a judicial review of Crown discretion respecting disclosure is to require the Crown to produce a written, itemized inventory the information in its possession, identifying those items which it intends to disclose and those which it does not, and containing, in respect of the latter items, a statement in each case of the basis upon which the Crown proposes to withhold disclosure.  Each item should be described as to its nature with sufficient detail that counsel will be enabled to make a reasoned decision as to whether to seek disclosure or not.  If such an inventory is produced in consultation with defence counsel, it is likely that many items which might otherwise have been disputed will be agreed to.  Such an inventory will also permit the reviewing judge to ascertain which items in dispute may be decided by him without production of the document or item of information in question, and those which require production in order to enable him to make a decision

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