R. v. J.J.W.

R. v. J.J.W.

Court ordered disclosure of Cst. Dalphy's notes relating to operation of the Lockview Road check-point for the three weeks prior to the arrest because Defence satisfied the low Stinchcombe threshold that the material may be of some use to the accused and the Crown failed to demonstrate the notes are clearly irrelevant; Defence was not required to call evidence or meet an 'air of reality' test and oral submissions sufficed.

Citation
2008 NSPC 10
Parties
Crown: Her Majesty the Queen; Accused (young Person): J.J.W.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 February 2008
Procedural Posture
Criminal Youth / Pre Trial Disclosure Application
Outcome
Disclosure granted
Legal Topics
Disclosure Obligations (stinchcombe), Police Check Point Searches, Section 8 Search and Seizure, Section 10(b) Right to Counsel, Publication Restrictions for Youth
Source Language
English
Criminal Law Youth Criminal Justice Charter Law Evidence and Disclosure Disclosure Obligations (stinchcombe) Police Check Point Searches Section 8 Search and Seizure Section 10(b) Right to Counsel +1 more

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Parties

Her Majesty the Queen

Crown

J.J.W.

Accused (young Person)

Procedural Posture

Criminal Youth / Pre Trial Disclosure Application

Legal Issues

  1. 1 Whether Crown must disclose police notes of Cst. Dalphy for three weeks prior to arrest
  2. 2 Standard and burden for establishing relevance in disclosure requests
  3. 3 Whether defence must adduce evidence or meet an 'air of reality' to obtain disclosure

Ratio Decidendi

Court ordered disclosure of Cst. Dalphy's notes relating to operation of the Lockview Road check-point for the three weeks prior to the arrest because Defence satisfied the low Stinchcombe threshold that the material may be of some use to the accused and the Crown failed to demonstrate the notes are clearly irrelevant; Defence was not required to call evidence or meet an 'air of reality' test and oral submissions sufficed.

Court Disposition

Disclosure granted

Orders

  • Crown must disclose Cst. Earl Dalphy's notes relating to the operation of the Lockview Road roadside check-point for the three weeks prior to September 25, 2007, subject to any valid redactions for privilege or youth publication restrictions; any dispute over redactions to be addressed by further submissions