CRM 308 Study Guide - Midterm Guide: Internet Service Provider, Exigent Circumstance, Strip Search
26 Oct 2017
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For many years, no effect right to disclosure of the c(cid:396)o(cid:449)(cid:374)"s case existed in canada: problem: wrongful conviction of donald marshall, this state of affairs changed with the supreme court of canada decision in r. v. stinchcombe. Stinchcombe remains an important authority, but subsequent case law has further developed principles (particularly in regards to the appropriate remedy to be granted) Creation of the right to disclosure: v. stinchcombe. A lawyer was charged with breach of trust, theft, and fraud. His secretary/witness was interviewed and a statement was tape-recorded. She was then interviewed again and a written-statement was taken. The defense was informed there was a statement but not of the content. The defence council asked for disclosure but was refused. Later he learned that she (cid:449)o(cid:374)"t (cid:271)e (cid:272)alled to testif(cid:455) i(cid:374) the t(cid:396)ial. He a(cid:396)gued fo(cid:396) dis(cid:272)losu(cid:396)e agai(cid:374) a(cid:374)d was refused again. The trial procedded without their access to that and the guy was convicted.
