R. v. Pickton

R. v. Pickton

The court ordered that the Crown must provide a complete and comprehensive trial plan including a full witness list, exhibit lists (including photos and diagrams where intended), and an indication of which witness will primarily lead evidence on each exhibit; the Crown must notify the defence forthwith by fax of any changes and incorporate them into subsequent versions, while not being required to disclose exhaustive minutiae or be strictly bound to every detail of the plan.

Citation
2006 BCSC 2113
Parties
Crown: Regina; Accused: Robert William Pickton
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 November 2006
Procedural Posture
Criminal / Pre Trial (trial Preparation/oral Ruling on Trial Plan)
Outcome
Oral ruling clarifying and enforcing earlier order on Crown's trial plan disclosure obligations
Legal Topics
Trial Plan, Disclosure Obligations, Witness List, Exhibit List, Electronic Disclosure Format, Publication Ban
Source Language
English
Criminal Law Evidence Procedural Law Publication Restrictions Trial Plan Disclosure Obligations Witness List Exhibit List +2 more

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Parties

Regina

Crown

Robert William Pickton

Accused

Procedural Posture

Criminal / Pre Trial (trial Preparation/oral Ruling on Trial Plan)

Legal Issues

  1. 1 Extent of the Crown's disclosure obligations respecting a trial plan
  2. 2 Necessary contents of a trial plan (complete witness list, exhibits, photos, diagrams, designate witness to lead evidence)
  3. 3 Timing and method for notifying changes to disclosure

Ratio Decidendi

The court ordered that the Crown must provide a complete and comprehensive trial plan including a full witness list, exhibit lists (including photos and diagrams where intended), and an indication of which witness will primarily lead evidence on each exhibit; the Crown must notify the defence forthwith by fax of any changes and incorporate them into subsequent versions, while not being required to disclose exhaustive minutiae or be strictly bound to every detail of the plan.

Court Disposition

Oral ruling clarifying and enforcing earlier order on Crown's trial plan disclosure obligations

Orders

  • Crown must provide a complete, comprehensive witness list and keep it current
  • Crown must disclose exhibits and indicate where items will be shown by photo and provide a list of such photos