Le rôle de l'avocat de la défense en matière de divulgation de la preuve

R. v. Trang, 2002 ABQB 744 (CanLII)

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[395]         The fair and efficient functioning of the criminal justice system requires that defence counsel exercise due diligence in actively seeking and pursuing Crown disclosure:  Dixon at 265. Defence counsel is not entitled to assume at any point that all relevant information has been disclosed to the defence; just as the Crown's disclosure obligations are ongoing and persist throughout the trial process, so too does defence counsel's obligation to be duly diligent in pursuing disclosure:  Dixon at 276. Counsel for the accused must bring to the attention of the trial judge, at the earliest opportunity, any failure of the Crown to comply with its duties to disclose of which counsel becomes aware. Failure to do so will be an important factor in determining on appeal whether a new trial should be ordered:  Stinchcombe at 341;

[396]         In all cases where an accused alleges a s. 7 non-disclosure breach, the accused must provide some evidence or basis that there is a reasonable possibility that non-disclosure will affect the accused’s right to make full answer and defence. The request for disclosure should be specific rather than general and far-reaching; disclosure demands which seek everything short of the kitchen sink undermine good faith and candour:  Girimonte. Fishing expeditions and conjecture must be separated from legitimate requests for disclosure