CRM 308 Lecture Notes - Lecture 7: Racialization, Trial, Donald Marshall, Jr.
8 Dec 2018
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In each of the cases the non-disclosure of exculpatory information was a significant factor in the wrongful conviction. In 1989 the marshall inquiry recommended changes to the disclosure regime: defense doesn"t have time if they are new lawyer, they are over their head even best lawyers have trouble without disclosure, marshall inquiry said disclosure is needed. In principle, robust or full disclosure: reduces the ability of government to hide, destroy, or simply overlook exculpatory evidence, helps an accused mount an effective defence, follow a line of reasoning/questioning, cross-examine witnesses. In 1991, the scc ruled that full and automatic disclosure is protected under s. 7 of the. Disclosure: procedure: disclosure must happen on request of the accused, the crown must disclose if there is a reasonable possibility the information could assist. It must occur even if the accused does not so request. Quebec, and her husband had committed suicide: therapeutic records might be relevant to crown showing there is consistency.
