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Trial Fairness and Disclosure

Canadian Charter of Rights and Freedoms

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Trial Fairness and Disclosure

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
R. v. Stinchcombe 68 C.C.C. (3d) 1 (SCC): "the fruits of the investigation which are in the possession of counsel for the Crown are not the property of the Crown for use in securing a conviction but the property of the public to be used to ensure that justice is done". Canadians have a right to full and timely disclosure. Failure of the Crown to provide such disclosure may result in a stay of proceedings under Charter s. 24(1).

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