R. v. Chaisson

R. v. Chaisson

The Crown's application for an undertaking requiring defence counsel to retain custody and prevent the accused from having copies is dismissed because the Crown failed to adduce case-specific evidentiary basis showing a reasonable possibility the accused would misuse the disclosed material; speculative risk is insufficient to justify restricting disclosure handling under Stinchcombe and related principles.

Citation
2024 NSSC 421
Parties
Crown: His Majesty the King; Accused: Gabriel George Chaisson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
11 January 2024
Procedural Posture
Criminal Pre Trial Disclosure Application / Stinchcombe Review (pre Trial Application)
Outcome
Crown's application dismissed
Legal Topics
Disclosure, Informer Privilege, Section 7 Charter, Section 11(d) Charter, Undertakings for Disclosure
Source Language
English
Criminal Law Evidence Constitutional/charter Law Disclosure Informer Privilege Section 7 Charter Section 11(d) Charter Undertakings for Disclosure

Case Brief

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Parties

His Majesty the King

Crown

Gabriel George Chaisson

Accused

Procedural Posture

Criminal Pre Trial Disclosure Application / Stinchcombe Review (pre Trial Application)

Legal Issues

  1. 1 Whether the Crown may require defence counsel to retain custody of disclosed materials and prevent the accused from receiving copies
  2. 2 Whether the Crown's requested undertaking violates s. 7 or s. 11(d) of the Charter
  3. 3 Whether the Crown adduced sufficient evidence to justify limiting the manner of disclosure

Ratio Decidendi

The Crown's application for an undertaking requiring defence counsel to retain custody and prevent the accused from having copies is dismissed because the Crown failed to adduce case-specific evidentiary basis showing a reasonable possibility the accused would misuse the disclosed material; speculative risk is insufficient to justify restricting disclosure handling under Stinchcombe and related principles.

Court Disposition

Crown's application dismissed

Orders

  • Crown application for an undertaking requiring defence counsel to retain custody of disclosure and prevent the accused from receiving copies is dismissed