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Canada decisions
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The court allowed a Crown appeal in a violation-ticket case, holding disclosure in this context is triggered by a timely request and may affect Jordan delay attribution.
The Federal Court confirmed a Canada Evidence Act s. 38 non-disclosure order for redacted MONUSCO information, finding injury to international relations and national security.
The court dismissed most of the defence disclosure request in support of a proposed abuse-of-process stay, but allowed a limited re-opening and ordered revised redacted materials disclosed.
The Federal Court partly granted an Attorney General application under the Canada Evidence Act, confirming non-disclosure of sensitive national security information while permitting limited public summaries.
Because the applicant failed to particularize any specific redaction or to demonstrate a reasonable possibility that the redacted personal information would assist his exercise of the right to make full answer and defence, and the Crown had provided contact information for many witnesses under an undertaking, there was no established infringement of s.7 and the application was dismissed.
Source excerpt
The Federal Court confirmed section 38 Canada Evidence Act non-disclosure claims over classified information in Cameron Ortis’s case, while allowing controlled disclosure to the trial judge.
The Court of Appeal upheld most trial findings in the Surrey Six murders appeal, but quashed the convictions and remitted the stay applications for an evidentiary hearing.
Appeal from an assault conviction dismissed. The court found a disclosure breach, but no realistic possibility it affected the verdict, and no ineffective assistance.
The court declined to hold an evidentiary hearing on a lost-email Charter claim, finding the Email was not material to the narrowed ITO/Garofoli issues.
The court found a s. 7 Charter breach after police viewed relevant security video during a drug investigation but failed to preserve several clips needed for full answer and defence.
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