R. v. Pickton

R. v. Pickton

The Court directed that the Crown must prepare and deliver a reasonably comprehensive trial plan tailored to the needs of this complex prosecution: the plan must follow a logical sequence of the Crown's intended presentation, list every witness with a brief will-say (cross-referenced to exhibits), identify expert witnesses with areas of expertise and their reports, provide a comprehensive exhibits list including seizure and continuity details, and specify photographs intended to be led with date/time/object/photographer; the plan need not be a script of the Crown's case and may be updated as preparation develops, but must be produced as a high priority to ensure trial fairness and...

Citation
2006 BCSC 2111
Parties
Crown: Regina; Accused: Robert William Pickton
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 October 2006
Procedural Posture
Criminal (murder Charges; Severed Counts) / Pre Trial (application Re Trial Plan)
Outcome
Application granted in part; Court directed the Crown to prepare and deliver a trial plan meeting specified content and form requirements.
Legal Topics
Trial Plan, Disclosure Obligations, Witness Lists and Will Says, Exhibits and Continuity, Expert Evidence, Court Case Management, Admissions
Source Language
English
Criminal Law Evidence Procedure Trial Management Disclosure Trial Plan Disclosure Obligations Witness Lists and Will Says +4 more

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Parties

Regina

Crown

Robert William Pickton

Accused

Procedural Posture

Criminal (murder Charges; Severed Counts) / Pre Trial (application Re Trial Plan)

Legal Issues

  1. 1 Whether the Crown must prepare and deliver a comprehensive trial plan to the defence
  2. 2 What specific form and content such a trial plan must contain
  3. 3 Balancing Crown prosecution discretion with defence fairness and effective trial preparation

Ratio Decidendi

The Court directed that the Crown must prepare and deliver a reasonably comprehensive trial plan tailored to the needs of this complex prosecution: the plan must follow a logical sequence of the Crown's intended presentation, list every witness with a brief will-say (cross-referenced to exhibits), identify expert witnesses with areas of expertise and their reports, provide a comprehensive exhibits list including seizure and continuity details, and specify photographs intended to be led with date/time/object/photographer; the plan need not be a script of the Crown's case and may be updated as preparation develops, but must be produced as a high priority to ensure trial fairness and...

Court Disposition

Application granted in part; Court directed the Crown to prepare and deliver a trial plan meeting specified content and form requirements.

Orders

  • Crown to prepare and deliver a comprehensive trial plan following a logical sequence that tracks its intended presentation of evidence
  • For each witness, Crown must provide the name and a brief will-say outlining essential evidence and cross-referencing any related exhibits