CRIM 330 Study Guide - Midterm Guide: Jury Trial, Private Prosecution, Exculpatory Evidence
26 Apr 2018
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Section 7 of the charter rights and freedom (they do have a section 7 defence) S. 650 (3) (jury trial in superior court: must disclose information they must disclose it to the defence (cid:374)o i(cid:374)te(cid:374)tio(cid:374) of usi(cid:374)g . D. (cid:862)e(cid:454)culpator(cid:455) e(cid:448)ide(cid:374)ce(cid:863) obligation is continuous (obligation to disclose) Exceptions relevance (would the accused find the information useful in making his/her defence) usefullness: privilege (confidentiality, lawyer-client privilege: lawyers, police informer privilege, if you tell people you will have no informant. Danger, if the gang finds out they will kill you. Important people because they need them for information. Do not want to endager these individuals: you need to uphold this. Apply (report card) not relevant b/c the defendant would not be useful in their ability to make a defence. Police officer notes not privileged information, but it is relevant b/c its going to be useful in coming up with a defence, officer have expository defence.
