This obligation is limited to material witnesses whose credibility is in issue. See the PPSC Deskbook directive “4.1 Protecting Confidential Information under Section 37 of the Canada Evidence Act”, supra note 2. Crown counsel must disclose the request to the defence who may choose to bring an application for disclosure of the third party records.Footnote 36, If the defence seeks information concerning the identity or location of a witness, Crown counsel must consider four factors: first, the right of an accused to a fair trial and to make full answer and defence; second, the principle that there is no property in a witness;Footnote 37 third, the right of a witness to privacy and to be left alone until required by subpoena to testify in court; fourth, the need for the criminal justice system to prevent intimidation or harassment of witnesses or their families, danger to their lives or safety, or other interference with the administration of justice.Footnote 38. and the Public Records Act (Government Code section 6250 et seq), and safeguarding confidential taxpayer or feepayer information as required by law. In the case of a request by a researcher to access PHI remotely, this means that, among other things, the risk of removal, as described above, should be assessed in order to determine whether it is reasonable to rely on the researcher's representation that the PHI will not be removed from the covered entity. z��}�>�P��h�bV���N(�}\�9�i��; In McNeil, supra note 11 the Court emphasized that the Crown has a significant role to play as “gatekeeper” with respect to disclosure of police misconduct information. In exercising this discretion, Crown counsel shall balance the principle of fair and full disclosure, described in section 1 and 2 of this guideline, with the need, in appropriate circumstances, to limit the extent of disclosure, as outlined in section 5 of this guideline; Information in the possession of third parties such as boards, social agencies, other government departments, rape crisis centres, women’s shelters, doctors’ offices, mental health and counselling services or foreign law enforcement agencies is not in the possessionFootnote 34 of Crown counsel or the investigative agency for disclosure purposes. This obligation is not limited to protecting the name of the informer: it extends to any information that may tend to reveal the identity of the person who provided information to the police. Even where third party records are physically in the possession of the Crown, disclosure is not automatic. See section 3.14 of this guideline for information regarding criminal records of material Crown or defence witnesses. Special care may also be required where an unrepresented accused is incarcerated. The basis for the belief in a potential witness must be real, not imagined. However, if the accused indicates that reliance will be placed on good character evidence in support of the defence advanced and the Crown becomes aware of information either rebutting or confirming the defence, the information must be promptly disclosed to the defence.Footnote 50 There is a general obligation to disclose any relevant information resulting from an investigation prompted by an accused’s pre-trial disclosure of a defence. Crown counsel have a discretion (reviewable by the trial judge) to determine whether information regarding a criminal record of a proposed witness is relevant to that witness’s credibility. In instances of unfocused or unreasonable requests involving substantial numbers of documents, it may be appropriate to shift the resource burden to the defence, by requiring that the costs be borne by the accused.Footnote 63 Failing agreement, simple access without copies may be provided. The Crown’s disclosure obligation includes any additional relevant information received by CWCs from victims and civilian witness during interviews or other contacts with such persons. Disclosure to employees A. Wherever reasonably practicable, Crown counsel should request a written threat assessment from the investigators where limits on disclosure are being considered on this basis. The threat assessment may, itself, be the subject of a disclosure request. P% 8L��b�30��� _S�( �gg�|=)���Pb�? The purpose of this requirement is to avoid a miscarriage of justice on the basis of non-disclosure. Is a disclosure the same as an inspection? The information to be disclosed need not qualify as evidence; that is, it need not pass all of the tests concerning admissibility.Footnote 9 It is sufficient if the information is relevant, reliable and not subject to some form of privilege. Particulars of any other evidence on which Crown counsel intends to rely at trial; Any information in the possession of Crown counsel which the defence may use to impeach the credibility of a Crown witness in respect of the facts in issue in the case;Footnote 31, Crown counsel has an obligation to disclose any additional relevant information received from a Crown witness during an interview conducted by Crown counsel in preparation for trial. h�ԖQk�0ǿ�}�L�Y�%(�&[Y�-� � ��KLjH�������S,W��4�{Xɺ�|����� 6e�@����%�%-�(���,� The Access to Information Act gives Canadian citizens, permanent residents, and any person or corporation present in Canada a right to access records of government institutions that are subject to the Act. Crown counsel cannot be expected to disclose information relevant to an issue not reasonably anticipated before trial. A copy of the signed POLST form is a legally valid physician order. For example, a criminal conviction for impaired driving 10 years ago could hardly assist in impeaching the credibility of a witness in a drug trafficking trial. R v Dunn, 2009 CanLII 75397 (ONSC) at para 59. See McNeil, ibid and O’Connor, supra note 9. In other cases, a researcher may determine that consents obtained prior to April 14, 2003, that permit the use and disclosure of information obtained from research subjects are inadequate, insufficient, or restrict the research protocol or procedure such that an Authorization may be necessary to permit the PHI use or disclosure for the research. This requirement includes statements provided by persons whether or not Crown counsel proposes to call them as witnesses; An appropriate opportunityFootnote 15 to view and listen to, in private, a copy of any audio or video recording of any statements made by a witness other than the accused to a person in authority.Footnote 16 This does not preclude Crown counsel, in his or her discretion, from providing copies of any video or audio recording or a transcript, where available and appropriate, but with appropriate disclosure conditions that take into account the sensitivity of the material. If there are reasonable grounds for concern that leaving disclosure materials with an unrepresented accused would jeopardize the safety, security, privacy interests, or result in the harassment of any person, Crown counsel may provide disclosure by means of controlled and supervised, yet adequate and private, access to the disclosure materials. The confidential information is defined in the agreement which includes, but not limited to, proprietary information, trade secrets, and any other details which may include personal information or events. In such circumstances, counsel are expected to exercise good judgment and consult with their Chief Federal Prosecutor to assess what is an appropriate course of action. *�Xw^+�-�qW��� *��=6X��}����>� ����`#^�������'{V4m� Crown counsel and CWCs must always ensure that any additional relevant information provided by victims and civilian witnesses is properly documented and if necessary disclosed. Counsel should take into account the disclosure requirements described by provincial appellate courts and the Supreme Court of Canada when assessing the scope of disclosure required in any given case. ________ undertakes to permit access to the Confidential Information only to those of their advisers, agents, directors and employees who reasonably need access to the Confidential Information for the Purpose, and on the conditions that such advisers, agents, directors and … The balance to be struck on this issue centers around the privacy interests of the witness, as measured against the accused’s right to test the Crown’s case. If the fact of the existence of the privileged information cannot be disclosed, a stay of proceedings may be required. Unless the person to whom the information pertains has waived his or her rights, that person still has a privacy interest in the records. Martin Committee Report, supra note 10 at 202. Information obtained during witness interviews, 3.18. Consent release of information concerning a witness, 4.2.2. Where a witness does not wish to be interviewed by or on behalf of an accused,Footnote 39 or where there is a reasonable basis to believe that the fourth consideration referred to in section 4.2 (interference with witnesses or their families) may arise on the facts of the case,Footnote 40 Crown counsel may hold back information concerning the identity or location of the witness unless a court of competent jurisdiction orders its disclosure.Footnote 41 Nevertheless, defence counsel must be advised of the existence of the witness and his or her relevant information. Notwithstanding the foregoing, each Party may disclose Confidential Information (i) to the extent required by a court of competent jurisdiction or other governmental authority or otherwise as required by law, including without limitation disclosure obligations imposed under the federal securities laws, provided that such Party has given the other Party prior notice of such requirement when legally permissible to … See also Beaulieu c R, 2011 QCCS 639 (CanLII) at para 32. Crown counsel will have to exercise discretion when assessing whether to disclose old criminal convictions or convictions for offences which could not really assist in the impeachment process. Rcmp Headquarters pack should be produced Code or security question and answer that would permit access to the ”... Form a condition precedent to the investigative agency, e.g be separated the... Security question and answer that would normally be disclosed, a notebook may contain many to. 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