R. v. Frechette

R. v. Frechette

When a defence, in its opening, informs the jury of anticipated expert evidence sufficient to reveal what it seeks from the expert report, the defence waives privilege and the Crown is entitled to disclosure of the defence expert report(s); disclosure is to the Crown (not only the trier of fact) but the trial judge...

Source-derived case information.

Citation
2000 BCSC 182
Parties
Crown: Her Majesty the Queen; Accused: Allan Lucian Frechette
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 January 2000
Procedural Posture
Criminal / Voir Dire During Crown's Case (continuation of Crown's Case)
Legal Topics
Disclosure of Defence Expert Reports, Waiver of Privilege, Right to Silence, Non Insane Automatism, Timing of Disclosure
Source Language
english
Criminal Law Evidence Forensic Psychiatry Disclosure of Defence Expert Reports Waiver of Privilege Right to Silence Non Insane Automatism Timing of Disclosure

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Allan Lucian Frechette

Accused

Procedural Posture

Criminal / Voir Dire During Crown's Case (continuation of Crown's Case)

Legal Issues

  1. 1 Whether defence waived privilege by referring to anticipated expert evidence in its opening
  2. 2 Whether the Crown is entitled to disclosure of defence expert reports and when that disclosure must occur
  3. 3 Whether R. v. Stone applies beyond its facts and whether the trial judge retains discretion once waiver is found

Ratio Decidendi

When a defence, in its opening, informs the jury of anticipated expert evidence sufficient to reveal what it seeks from the expert report, the defence waives privilege and the Crown is entitled to disclosure of the defence expert report(s); disclosure is to the Crown (not only the trier of fact) but the trial judge may delay Crown use of disclosed material until the defence begins calling evidence to preserve the accused's rights.