R. v. Giles

R. v. Giles

Where WPP records pertain to the credibility or reliability of a material Crown witness who is integrally connected to the investigation, those records are properly characterized as first-party disclosure and must be produced to the defence under Stinchcombe/McNeil, subject only to statutory exclusions (s.11(1) of...

Source-derived case information.

Citation
2021 NSSC 69
Parties
Crown: Her Majesty the Queen; Accused: William Jeffrey Giles; Accused: Charles Jardine Hayman; Accused: Donald Melbourne Messenger; Accused: David James Bishop
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 February 2021
Procedural Posture
Criminal Disclosure/records Application / Pre Trial Application for Production of Witness Protection Program Records (stinchcombe/o'connor Threshold)
Outcome
Application for first-party disclosure granted
Legal Topics
Disclosure Obligations, Stinchcombe First Party Disclosure, O'connor Third Party Production, Witness Protection Program Records, Credibility and Reliability of Witnesses, Mc Neil Bridging Duty
Source Language
english
Criminal Law Evidence Administrative Law (witness Protection) Disclosure Obligations Stinchcombe First Party Disclosure O'connor Third Party Production Witness Protection Program Records Credibility and Reliability of Witnesses +1 more

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Parties

Her Majesty the Queen

Crown

William Jeffrey Giles

Accused

Charles Jardine Hayman

Accused

Donald Melbourne Messenger

Accused

David James Bishop

Accused

Procedural Posture

Criminal Disclosure/records Application / Pre Trial Application for Production of Witness Protection Program Records (stinchcombe/o'connor Threshold)

Legal Issues

  1. 1 Whether records held by the Witness Protection Program (WPP) are subject to first-party disclosure under Stinchcombe/McNeil or third-party production under O'Connor
  2. 2 Whether WPP records sought are part of the 'fruits of the investigation' or are 'obviously relevant' to the accused's ability to make full answer and defence
  3. 3 Scope of Crown's duty to inquire/bridge to other Crown entities for evidence relevant to witness credibility

Ratio Decidendi

Where WPP records pertain to the credibility or reliability of a material Crown witness who is integrally connected to the investigation, those records are properly characterized as first-party disclosure and must be produced to the defence under Stinchcombe/McNeil, subject only to statutory exclusions (s.11(1) of the Witness Protection Program Act).

Court Disposition

Application for first-party disclosure granted

Orders

  • WPP records in the possession of the Attorney General relating to the witness Bacon that go to inducements, demands, financial assistance/payments, incidents of misconduct, and generally to the credibility and reliability of the witness are to be produced to the Crown for disclosure to the defence, subject to any...