Where Crown counsel decides not to disclose relevant information on the grounds of privilege, defence counsel should be advised of the refusal, the basis of the refusal (i.e., type of privilege alleged) and the general nature of the information withheld to the extent possible. This will also allow Crown counsel to determine if it is necessary to ask police to interview the victim or civilian witness regarding the additional information; Additional disclosure beyond that outlined in sections 3.1 to 3.17 above may be made at the discretion of Crown counsel. Crown counsel have a discretion (reviewable by the trial judge) to determine whether information regarding a criminal record of a proposed witness is relevant to that witness’s credibility. RFC 1918 contains address allocation for private Internets, IP addresses which should not normally be seen … This requirement includes statements provided by persons whether or not Crown counsel proposes to call them as witnesses; An appropriate opportunityFootnote 15 to view and listen to, in private, a copy of any audio or video recording of any statements made by a witness other than the accused to a person in authority.Footnote 16 This does not preclude Crown counsel, in his or her discretion, from providing copies of any video or audio recording or a transcript, where available and appropriate, but with appropriate disclosure conditions that take into account the sensitivity of the material. In general, the Crown's obligation is to adduce evidence that is relevant to an element of the offence that the Crown must prove, and not adduce evidence in chief to challenge a defence that an accused might possibly raise: R v Chaulk, [1990] 3 SCR 1303; (1990), 62 CCC (3d) 193 at 237 ff. The police informer privilege is subject to only one exception: where the accused’s factual innocence is at stake. Permit definition is - to consent to expressly or formally. Workers' Comp & HIPAA Rules. The ‘shopping list’ of information set out in this section is information that would normally be disclosed in a given case. Meaning of permit. Non-disclosure agreements are legal contracts that prohibit someone from sharing information deemed confidential. See also R v Stewart, [1997] OJ No 924 (QL) where the court recognized police and Crown work product in a database of electronic documents. Thus, if any new information comes to light, the officer or other third person can make notes to facilitate disclosure, and give whatever testimony may be necessary at trial in relation to that information. The precise method by which the accused is informed of the availability of disclosure may vary from region to region. Disclosure documents often ask sellers if they are involved in bankruptcy proceedings, if there any liens on the property, and so on. and the Public Records Act (Government Code section 6250 et seq), and safeguarding confidential taxpayer or feepayer information as required by law. For production to be required, impeachment information must be capable of affecting the credibility of the witness with respect to some fact in issue in the case. Disclosure of information that may tend to identify a confidential police informer is not permitted. If there are reasonable grounds for concern that leaving disclosure materials with an unrepresented accused would jeopardize the safety, security, privacy interests, or result in the harassment of any person, Crown counsel may provide disclosure by means of controlled and supervised, yet adequate and private, access to the disclosure materials. h�bbd``b`:$�A�`f�ق�O BD�$@J�L@���$^1012\��&�3�}0 � endstream endobj startxref 0 %%EOF 94 0 obj <>stream In some instances, they may be available through the Interpol office at RCMP Headquarters. Protecting witnesses against interference, 4.2.1. For a more complete discussion of this issue, see the PPSC Deskbook guideline “3.11 Informer Privilege”, supra note 2. During your first court date, you may get disclosure from the Crown. The privilege cannot be waived unilaterally by the informant or by the Crown. The Crown like the Court is under an obligation to protect the identity of a confidential police informer. An adjournment may be necessary in these circumstances to ensure a fair trial. In instances of unfocused or unreasonable requests involving substantial numbers of documents, it may be appropriate to shift the resource burden to the defence, by requiring that the costs be borne by the accused.Footnote 63 Failing agreement, simple access without copies may be provided. Where an accused person requests an additional copy or copies, the accused may be charged a reasonable fee for this service.Footnote 62. This is a ‘catch-all’ provision, intended to require disclosure of (a) any other evidence forming part of the Crown’s case and (b) information that could be helpful for impeachment purposes. Absent extraordinary circumstances, disclosure of this assessment should be resisted on the basis that confidential information is necessary in order to ensure that the discretion to produce or withhold is exercised properly. worketc pty ltd, a corporation chartered in australia (“worketc”) is willing to provide the services described in the attached purchase order only upon the condition that you accept all of the terms contained in this agreement. (2) This Part applies to all claims except a claim on the small claims track.Back to top Information protected by solicitor-client privilegeFootnote 55 cannot be disclosed, subject to waiver or any of the exceptions. Crown counsel must request such information in writing from the relevant police authorityFootnote 30 and place the letter and response on the file. However, the precise means by which disclosure is provided to an unrepresented accused is left to the discretion of Crown counsel based on the facts of the case. See R v Campbell, [1999] 1 SCR 565. Definition of permit in the Definitions.net dictionary. %PDF-1.6 %���� ParticularsFootnote 13 of the circumstances surrounding the offence. In cases in which there are no sensitive disclosure materials, these basic conditions provide fair warning for accused persons that the disclosure material is not to be disseminated or used for purposes other than to assist them in making full answer and defence in the prosecution. See also section 3.17 of this guideline, regarding information obtained during witness interviews. The threat assessment may, itself, be the subject of a disclosure request. Those that apply to hospitals and clinics operated by the Department of Mental Health (DMH), however, permit disclosure of a patient’s health information without a patient’s written consent only in very limited circumstances, including: at DMH’s request, pursuant to a court order, or where the disclosure is determined to be in the patient’s best interests and it is not possible or practicable to … See also R v Wilson (1994), 87 CCC (3d) 115 (Ont CA). It also contains brief descriptions of the IP ACL types, feature availability, and an example of use in a network. The Supreme Court of Canada has also recognized that Crown witnesses are not the property of the Crown whom Crown counsel can control and produce for examination by the defence: R v Khela, [1995] 4 SCR 201, (1995), 102 CCC (3d) 1 at 10. See section 3.1 on unrepresented accused in the PPSC Deskbook guideline “3.7 Resolution Discussions”. In others, Crown counsel may wish to provide the accused with a written or oral notification in court. Furthermore, in northern regions, the automatic disclosure of criminal records of victims or witnesses may be problematic as it may stigmatize unnecessarily the witnesses. In some regions, the judge presiding over first appearances may tell the accused that disclosure is available from the Crown. Any breach of the court order could be dealt with pursuant to the court’s contempt powers. In Canada’s three territories, Crown counsel work closely with Crown Witness Coordinators (CWCs). Information obtained during witness interviews, 3.18. See also R v T (L.A.), (1993) 84 CCC (3d) 90 (Ont CA) at 94; R v V (W.J. The basis for the belief in a potential witness must be real, not imagined. Is a disclosure the same as an inspection? In terms of PAIA, access to information must be refused if its disclosure "could reasonably be expected to endanger" the safety of an individual, and may be refused if its disclosure would be likely to impair the security of a building, a computer system, a means of transport or any system for protecting the public. The information to be disclosed need not qualify as evidence; that is, it need not pass all of the tests concerning admissibility.Footnote 9 It is sufficient if the information is relevant, reliable and not subject to some form of privilege. See Canada Evidence Act, RSC 1985, c C-5, ss 37, 38 and 39. Martin Committee Report, supra note 10 at 273. 475 and 544 of the Code, the obligation to make disclosure to his counsel continues if counsel continues to act. Witnesses refusing to be interviewed, 5.6. International relations/national security/national defence, 4.1 Protecting Confidential Information under Section 37 of the, 4.2 Protecting Confidential Information under Section 38 of the, 4.3 Protecting Cabinet Confidences under Section 39 of the, to ensure that the accused knows the case to be met, and is able to make full answer and defence; and. Arrangements can be made with the jail to facilitate adequate and private electronic access to the disclosure materials. It is not intended to be exhaustive, see section 3.18 of this guideline regarding other material. In some cases, there may be sensitive disclosure materials, as well as some basic, non-sensitive, disclosure material. The vetting process must be done in close consultation with the police who are better placed to assess the degree of risk in unredacted information. Discussions ”, convictions for offences of dishonesty will almost always be relevant, regardless of they. 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