Reasons of the court
Justice Sopinka, writing for a unanimous Court, held that the judge was wrong in refusing the application by the defence, as the Crown was under a duty to disclose all evidence.
Crown has a duty to disclose but crown only has a duty to disclose critical evidence that they believe will assist the defence. If they believe it will not help the case the crown are not obligated to disclose as CJ Mclachlin stated in R v Kennedy.
"The Crown has a legal duty to disclose all relevant information to the defence. The fruits of the investigation which are in its possession are not the property of the Crown for use in securing a conviction but the property of the public to be used to ensure that justice is done."
The duty, wrote Sopinka, is derived from the right of an accused to make full answer and defence which has been entrenched under section 7 of the Charter. This duty, however, is still subject to rules of privilege.
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