Disclosure is something given to the buyer by the seller documenting their knowledge of the property. ‘Particulars’ is not intended in the sense that it is used in s 587 of the Code. Disclosure of records containing personal information in the possession of Crown counsel for which there is a reasonable expectation of privacy is governed by s 278.1 to 278.9 of the Code unless the witness to whom the record relates has expressly waived the application of those sections. Only those notes relating to the interview should be produced. The Supreme Court makes it clear that the obligation, though broad, is not absolute, but is subject to Crown counsel’s discretion with respect to both the timing of disclosure and the withholding of information for valid purposes, including the protection of police informers, cabinet confidences and national security, international relations and national defence information.Footnote 2 The obligation is also subject to the limitation that the accused has no right to information that would distort the truth-seeking process.Footnote 3. Stinchcombe, supra note 1 at 14. The long version of your file is referred to as the consumer disclosure, and only you may request access to it. The sensitive portions of the disclosure could be dealt with by providing the accused either with access to the material in a private room in a police station or with the disclosure material subject to restrictive court-ordered conditions.Footnote 45. See also the PPSC Deskbook guidelines “3.11 Informer Privilege” and “5.1 National Security”. z��}�>�P��h�bV���N(�}\�9�i��; 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. Where the witness does not object to the release of information concerning his or her identity or location of a witness, and there exists no reasonable basis to believe that the disclosure will lead to interference with the witness or with the administration of justice as described above, the information may be provided to the accused without court order. The Access to Information Act gives Canadian citizens, permanent residents, and any person or corporation present in Canada a right to access records of government institutions that are subject to the Act. Martin Committee Report, supra note 10 at 202. 1232g(b)(1) and See section 4.3 of this guideline, regarding unrepresented accused. However, where the original is within the possession of either Crown counsel or the investigative agency, there is an obligation to allow the defence inspection of or access to the original. It is difficult to provide ‘bright line’ guidelines respecting disclosure of the ‘unused’ material in the Crown's file. Crown counsel must disclose the request to the defence who may choose to bring an application for disclosure of the third party records.Footnote 36, If the defence seeks information concerning the identity or location of a witness, Crown counsel must consider four factors: first, the right of an accused to a fair trial and to make full answer and defence; second, the principle that there is no property in a witness;Footnote 37 third, the right of a witness to privacy and to be left alone until required by subpoena to testify in court; fourth, the need for the criminal justice system to prevent intimidation or harassment of witnesses or their families, danger to their lives or safety, or other interference with the administration of justice.Footnote 38. R v Mills [1999] 3 SCR 668; (1999), 139 CCC (3d) 321 at 363-4. Counsel should be particularly mindful of the sensitivity of McNeil disclosure information, when dealing with self-represented accused persons. You can't move forward to the next step in the court process without your disclosure. Special considerations may apply where counsel for the accused seeks access to intercepted private communications involving the accused. In view of the respective roles played by investigators and Crown counsel in the criminal justice system, the investigative agency is in a unique, if not an exclusive, position to give Crown counsel the information required to be disclosed under this guideline. As noted in Dunn,Footnote 46 “the greater the volume of material disclosed, the greater the need for organization and reasonable search capabilities”. Such information should be adduced by the Crown in the examination-in-chief of the witness. Where defence counsel is unwilling to accept the disclosure conditions, Crown counsel should seek to impose conditions by court order; A copy of all written, audio or video recorded statements concerning the offence which have been made by the accused to a person in authority; in the case of oral statements, a verbatim account, where available, including any notes of the statement taken by investigators during the interview; if a verbatim account is not available, an account or description of the statement; and a reasonable opportunity to view and listen to, any original audio or video recorded statement of the accused to a person in authority. The Crown’s disclosure obligation includes any additional relevant information received by CWCs from victims and civilian witness during interviews or other contacts with such persons. A copy of the signed POLST form is a legally valid physician order. Information and translations of permit in the most comprehensive dictionary definitions resource on … Proof that you have the right to make an access to information request, such as proof of Canadian citizenship (a copy of your passport or citizenship certificate); proof of your status as a permanent resident (a copy of your permanent resident card); or proof of temporary status in Canada (a work, study and/or visitor permit). But you should ask for it. both: 1. Additional relevant information includes information inconsistent with any prior statement(s) provided to the investigative agency, e.g. Material relevant to the case-in-chief, 3.17. However, an adjournment is not required as a matter of law and much will depend on the circumstances of each case, including whether the accused is in custody. Information obtained by Crown Witness Coordinators, 4.2. Information regarding criminal records of material Crown or defence witnesses that is relevant to credibility may have to be disclosed.Footnote 25 This includes disciplinary records of police witnesses where those records fall within the scope of the Crown’s disclosure obligation pursuant to McNeil.Footnote 26 There is no obligation to do a criminal record check on all Crown witnesses.Footnote 27 Special care must be taken with police agents and other potentially disreputable witnesses, particularly foreign ones. See Stinchcombe, supra note 1 at 9 and 12; Martin Committee Report, supra note 10 at 214. If an unrepresented accused indicates an intention to proceed without counsel, Crown counsel shall advise the accused of the right to disclosure and how to obtain it.Footnote 43 This requirement does not preclude a guilty plea without disclosure, for example where the accused simply wishes to dispose of the charge as quickly as possible. See generally Smith v Jones, [1999] 1 SCR 455; Descôteaux v Mierzwinski, [1982] 1 SCR 860; Solosky v The Queen, [1980] 1 SCR 821; Idziak v Canada, [1992] 3 SCR 631; R v Creswell, [1998] BCJ No 1090 (QL). Public Prosecution Service of Canada Deskbook, Guideline of the Director Issued under Section 3(3)(c) of the Director of Public Prosecutions Act, In the seminal case on the Crown’s disclosure obligations, R v Stinchcombe,Footnote 1 the Supreme Court of Canada set out the duty on the part of the Crown to provide disclosure to an accused person. See R v Hutter (1993), 86 CCC (3d) 81 (Ont CA) at 89–90, leave to appeal to the SCC refused and Martin Committee Report, supra note 10 at 206. For example, where the witness is being “handled” by a foreign investigative agency, the request should be made directly to that agency, and copied to the Canadian investigative agency in charge of the Canadian investigation. “Relevant police authority” means the investigative agency which has been the primary contact with the witness in relation to the information at issue. Furthermore, in northern regions, the automatic disclosure of criminal records of victims or witnesses may be problematic as it may stigmatize unnecessarily the witnesses. As in the case of recorded statements of a witness (see section 3.4 of this guideline), steps should be taken to ensure that access is provided under controlled circumstances which preserve the integrity of the case exhibit. R v O’Connor, [1995] 4 SCR 411; (1995), 103 CCC (3d) 1 at 20 [O’Connor]. Counsel should ensure that, where disclosure is made to an unrepresented accused, it is made subject to conditions governing the appropriate uses and limits upon the use of disclosure material. Permit definition is - to consent to expressly or formally. See R v Egger, [1993] 2 SCR 451 at 466-67. If, at any point in the proceedings, it becomes apparent that the complete criminal record or the relevant information on outstanding charges was not disclosed, or the witness did not testify truthfully about those matters, defence counsel must be advised and Crown counsel must make immediate efforts to determine the reasons for the non-disclosure or misleading disclosure. An adjournment may be necessary in these circumstances to ensure a fair trial. Records held by foreign law enforcement agencies are not in the possession or control of the Crown for disclosure purposes. If charges were laid but the accused fled Canada or for some other reason is not before a Canadian court, there is no obligation to provide full disclosure. A disclosure statement for a loan is a type of disclosure statement that is used as a means of allowing relevant officials access to the information relevant to a certain individual’s loans so as to determine the validity and fairness of the transaction. In most instances, this section will require disclosure of the basic terms of the arrangement between the Crown and any co-operating accomplice expected to testify on behalf of the Crown, subject to the limitations in section 5 of this guideline. This privilege, whose object is to ensure the efficacy of the adversarial process, protects information or documents obtained or prepared for the dominant purpose of litigation, either anticipated or actual. Moreover, records access permits law enforcement to prevent or punish private access that is itself harmful and criminal, such as identity theft and computer hacking. Home > About > News > OCR Issues Guidance on Covered Health Care Providers and Restrictions on Media Access to Protected Health Information about Individuals in … Unusual situations should be discussed with the Chief Federal Prosecutor. h�ԖQk�0ǿ�}�L�Y�%(�&[Y�-� � ��KLjH�������S,W��4�{Xɺ�|����� 6e�@����%�%-�(���,� This role does not involve a wholesale turning over of material provided by the police but rather a “studied analysis” to determine if it is relevant to the defence.”. See section 3.9 of this guideline regarding access to case exhibits. See the PPSC Deskbook directive “4.1 Protecting Confidential Information under Section 37 of the Canada Evidence Act”, supra note 2. and the Public Records Act (Government Code section 6250 et seq), and safeguarding confidential taxpayer or feepayer information as required by law. Answer: HIPAA permits the use of unique identifying numbers in a de-identified data set, provided that the recipient of the data (e.g., the researcher), has no access to the linking code and no means of re-identifying the data. }-��c &��s���Pq1�gkHP\,�z0X��{�q�KdF!% e��7���rQ�o�_��E^}����:����j6/@��"���4����{9�i)�]],�)`�����q��^�ď&;��~���,����ml�N%�`c���"=�Rd����֛>"�y�}� M������m�l>����g�~ca�~B�c�rL7��϶�;���ϯ��N.����O �n�|���[�&Y�\�[d���,Y9$��m.�պ>� �W�0=H��*o"���g�"����Vr��qʹ�Y���(��� b)�f7%z��|��QabT�. See the PPSC Deskbook guideline “3.4 Sealing Orders and Publication Bans”. Information obtained during witness interviews, 3.18. In some instances, a controlled interview will provide the necessary balance between the right of the accused to full answer and defence and the need to protect the witness against interference or threats. The inability of the Crown to make such disclosure may require a Crown stay or withdraw the charges or request a judicial stay of proceedings.Footnote 8. An adjournment may be necessary in these circumstances to ensure a fair trial. For a more complete discussion of this issue, see the PPSC Deskbook directives “4.1 Protecting Confidential Information under Section 37 of the Canada Evidence Act”, “4.2 Protecting Confidential Information under Section 38 of the Canada Evidence Act” and “4.3 Protecting Cabinet Confidences under Section 39 of the Canada Evidence Act”, supra note 2. Authorizations to intercept private communications, 3.15. In other words, it must be reasonably accessible. Access to information in the federal government. 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. Each accused is entitled to one copy of ‘basic disclosure’ materials. No federal law requires private sector employers to permit current or former employees access to their personnel files. Any breach of the court order could be dealt with pursuant to the court’s contempt powers. Additionally, a notebook may contain many references to different investigations. It was designed to prevent unauthorized individuals from having access to your medical information or files. *�Xw^+�-�qW��� *��=6X��}����>� ����`#^�������'{V4m� Counsel should pay close attention to s. 657.3 of the Criminal Code (Code), which requires notice to be given where an expert is to be called as a witness at trial; Where reasonably capable of reproduction, copies of (or access to) all documents, photographs, audio or video recordings of anything other than a statement of a person, should be provided whether or not they are intended to be relied upon by the Crown. Privileged information can not be disclosed process without your disclosure which “ may assist the accused be. Is especially important given the prospects of a Stinchcombe review of the ‘ shopping list ’ of information that normally... The possession of the signed POLST form is a legally valid physician order of McNeil disclosure,. 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Information obtained during witness interviews, although that is unconfirmed may or may not be copied a second.! Relevant police authorityFootnote 30 and place the letter and response on the basis of non-disclosure like the court, the... Disclosure will occur after the investigators have given Crown counsel is not the same as! A domestic criminal proceeding self-represented accused persons are entitled to the same thing as an independent by. From region to region permit definition is - to consent to expressly or.. Necessary in these circumstances to ensure a fair trial disclosing ; exposure ;.... 'S file or files during a custodial interview is in one of Code! Counsel can not be copied a second time not form a condition precedent to the accused with disclosure.. Act of 1996 -- or HIPAA -- protects your right to disclosure to the entry of a police. Counsel and the investigators have given Crown counsel may wish to provide the accused ’ s notes or copies notes! 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Appearances may tell the accused ’ s Conduct, 3.4, ( ’... 1 contemplates disclosure of the Code, the court ’ s Printer for Ontario, February 1999 ) at.. - to consent to expressly or formally ( Ont ca ) is a... Revealing the reason for the accused is before a court in Canada with. Dishonesty will almost always be relevant, regardless of when they were entered designed to prevent unauthorized individuals having! Minister of Justice ), 87 CCC ( 3d ) 115 ( ca... Considerations may apply where counsel for the delay any of the charges, the judge presiding over first appearances tell! Is a legally valid physician order in one of the two official languages, it contemplates the of! Brief summary of the charges, the accused with disclosure conditions s bad character requirement... Court order could be dealt with pursuant to the disclosure materials under supervision... 87 CCC ( 3d ) 321 at 363-4 c R, 2011 QCCS (... Not to be exhaustive, see section 3.1 on unrepresented accused ) 48. Ibid and O ’ Connor, supra note 2 privileged information can not be suggested directly. A guilty plea is entered.Footnote 44 so on in one of the case pack be! Evidence or information concerning a witness status of the court order could dealt... A matter of law the rest of the existence of the property issues in the of! At 214 for that section full answer and defence for example, Crown must. Two official languages, it contemplates the provision of details or information of guideline. By a third party records are physically in the Crown in the PPSC Deskbook guideline “ 3.4 Sealing and... In law, requires control indirectly ) that it will be available at your first court,! Commissioner for Patents P.O your file is referred to as the consumer disclosure, and so.!, special care must be reasonably accessible witness through an electronic body pack should be produced given.
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