R. v. Howe

R. v. Howe

The judge exercised discretion and ordered that if the defence intends to put any portion of the December 5, 2013 statement to the witness during cross-examination the defence must disclose the entire statement to the Crown to ensure fundamental fairness and allow effective Crown redirect; litigation privilege does not prevent disclosure where reliance in court results in waiver.

Citation
2016 NSSC 328
Parties
Crown: Her Majesty the Queen; Accused: Duayne Jamie Howe; Accused: Patrick Michael James; Accused: David John Pearce
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 November 2016
Procedural Posture
Criminal / Interlocutory Disclosure Ruling During Trial
Outcome
Judge ordered defence to disclose the December 5, 2013 statement in its entirety to the Crown if the defence intends to put any portion of it to the witness during cross-examination.
Legal Topics
Disclosure, Prior Inconsistent Statements, Litigation Privilege, Section 10 Canada Evidence Act, Past Recollection Recorded, Khelawon Application, Fair Trial
Source Language
English
Criminal Law Evidence Procedural Law Disclosure Prior Inconsistent Statements Litigation Privilege Section 10 Canada Evidence Act Past Recollection Recorded +2 more

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Parties

Her Majesty the Queen

Crown

Duayne Jamie Howe

Accused

Patrick Michael James

Accused

David John Pearce

Accused

Procedural Posture

Criminal / Interlocutory Disclosure Ruling During Trial

Legal Issues

  1. 1 Whether the defence must disclose to the Crown a December 5, 2013 statement of the complainant if the defence intends to use any portion of it in cross-examination
  2. 2 Whether litigation privilege is waived by reliance on a statement in open court
  3. 3 Proper procedure under s.10 of the Canada Evidence Act for use of prior statements

Ratio Decidendi

The judge exercised discretion and ordered that if the defence intends to put any portion of the December 5, 2013 statement to the witness during cross-examination the defence must disclose the entire statement to the Crown to ensure fundamental fairness and allow effective Crown redirect; litigation privilege does not prevent disclosure where reliance in court results in waiver.

Court Disposition

Judge ordered defence to disclose the December 5, 2013 statement in its entirety to the Crown if the defence intends to put any portion of it to the witness during cross-examination.

Orders

  • Defence must disclose to the Crown the December 5, 2013 statement of R.M. in its entirety if the defence intends to put any portion of that statement to the witness during cross-examination.