Lien vers la décision
[36] Given the technological difficulties encountered by counsel for the applicants in this particular case, unfortunately disclosure of the information on the 24 CDs does not satisfy the obligation on the Crown as set out in Stinchcombe, supra.
[37] I am not suggesting that electronic disclosure would not in other circumstances be totally appropriate and reliable. Indeed, there are a number of recent cases in which electronic disclosure has been achieved effectively and successfully. Further, I am not suggesting that the difficulties encountered with respect to searching an electronic document or using an electronic document in court are grounds to grant this application. Indeed, in many cases involving voluminous paper material, electronic disclosure may be the format of choice for all parties. The search capabilities afforded by electronic storage of information may well be superior in other cases to the search capabilities afforded to counsel by way of paper disclosure.
[38] In this particular case, however, the method use to store and communicate to the applicants the information arising from the investigation is so seriously technically flawed as to impair the applicants’ ability to make full answer and defence should another reliable method not be employed.
[39] There is little doubt that production of the disclosure on paper will be costly. I note, however, that the Crown has indicated to the court that there is a great deal of duplication with respect to the information on the CDs. It is reasonable to assume, therefore, that much of the information on the CDs has already been disclosed on paper and that the cost of production will be reduced accordingly.
Disposition
[40] The Crown will disclose to each of the applicants one aggregate hard copy of the information contained on all of the compact discs which are the subject of this application, the cost of which will be borne by the Crown
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