R. v. Graham

R. v. Graham

The court found the investigative material concerning the October 2018 robbery exists, is sufficiently within the prosecution's control to be treated as first‑party disclosure, is possibly relevant to the accused's trial (given an unknown third‑party suspect theory and the dynamic nature of relevance), and is not protected by privilege; accordingly the prosecution must disclose the requested materials to defence counsel.

Citation
2020 NSPC 59
Parties
Crown: Her Majesty the Queen; Accused: Angela Michelle Graham
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
30 September 2020
Procedural Posture
Criminal / Pre Trial Disclosure Application
Outcome
Disclosure application granted
Legal Topics
Disclosure, First Party Disclosure, Third Party Production, Third Party Suspect Evidence, Privilege, Right to Full Answer and Defence
Source Language
English
Criminal Law Constitutional Law Evidence Law Procedural Law Disclosure First Party Disclosure Third Party Production Third Party Suspect Evidence +2 more

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Parties

Her Majesty the Queen

Crown

Angela Michelle Graham

Accused

Procedural Posture

Criminal / Pre Trial Disclosure Application

Legal Issues

  1. 1 Whether the defence request is governed by first‑party disclosure or third‑party production law
  2. 2 Whether police investigative material about an unrelated October 2018 robbery is possibly relevant to the charges against the accused
  3. 3 Whether the prosecution or a third‑party police custodian controls the material and whether any privilege applies

Ratio Decidendi

The court found the investigative material concerning the October 2018 robbery exists, is sufficiently within the prosecution's control to be treated as first‑party disclosure, is possibly relevant to the accused's trial (given an unknown third‑party suspect theory and the dynamic nature of relevance), and is not protected by privilege; accordingly the prosecution must disclose the requested materials to defence counsel.

Court Disposition

Disclosure application granted

Orders

  • Prosecution to disclose to defence counsel all material relating to the October 18, 2018 robbery including: witness statements
  • Prosecution to disclose police notes relating to the October 18, 2018 robbery