Send completed form to: Commissioner for Patents P.O. New Hampshire Medical Information Unauthorized Disclosure Notification Statute: For persons, corporations, facilities, or institutions either licensed in New Hampshire or otherwise lawfully providing health care services, the state’s Medical An accused is not entitled to insist upon a particular form of disclosure as a constitutional prerequisite: R v Blencowe, supra note 61 at 539. Prosecutors have an obligation to review misconduct material prior to disclosure to the accused. Where an accused absconds during a preliminary hearing or trial, and the hearing is continued in his absence pursuant to ss. Disclosure does not form a condition precedent to the entry of a guilty plea. It should not be suggested (directly or indirectly) that it would be better not to be interviewed. R v Dunn, 2009 CanLII 75397 (ONSC) at para 59. However, pre-trial disclosure is not required of reply evidence that could be tendered by the Crown in response to issues raised by the accused at trial, where the relevance of that evidence only becomes apparent during the course of the trial itself.Footnote 49. How this can be achieved will depend on the circumstances in each case, although it may be appropriate to provide access only under the supervision of an investigator or employee of the investigating agency. 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. Even where third party records are physically in the possession of the Crown, disclosure is not automatic. Crown counsel’s disclosure obligation is a continuing one and relates to information that comes to the attention of or into the possession of Crown counsel throughout the process and continues after conviction, including after appeals have been decided or the time of appeal has elapsed.Footnote 10, Crown counsel shall, as soon as reasonably practicable,Footnote 11 provide disclosure. This may include a Report to Crown Counsel (RTCC), an analytical document prepared by the investigative agency, which sets out the evidence relating to the elements of the offences and the investigators’ theory of the case; Copies of the text of all written statements concerning the offence which have been made to the police or a person in authority by a person with relevant information to give; where the person has not provided a written statement, a copy or transcription,Footnote 14 if available, of any notes that were taken by investigators when interviewing the witness; if there are no notes, a ‘will-say’ or summary of the anticipated evidence of the witness. Stinchcombe, supra note 1 requires disclosure of notes prepared during a custodial interview. See section 4.3 of this guideline, regarding unrepresented accused. HIPAA PERMITS DISCLOSURE OF POLST TO OTHER HEALTH CARE PROVIDERS AS NECESSARY Physician Orders for Life-Sustaining Treatment (POLST) First follow these orders, then contact Physician/NP/PA. 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. 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”. “Relevant information” means the nature of the charges, the court, and the status of the proceedings. The police informer privilege is subject to only one exception: where the accused’s factual innocence is at stake. Access to information in the federal government. Information which “may assist the accused” is not always easily recognizable. Wherever reasonably practicable, Crown counsel should request a written threat assessment from the investigators where limits on disclosure are being considered on this basis. 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. 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. 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. The Company will permit the Insurer to discuss the affairs, finances and accounts of the Company with appropriate officers of the Company at any reasonable time.In addition, the Trustee will permit the Insurer to have access to and to make copies of all books and records relating to the IQ Notes at any reasonable time. Notwithstanding the foregoing, each Party may disclose Confidential Information (i) to the extent required by a court of competent jurisdiction or other governmental authority or otherwise as required by law, including without limitation disclosure obligations imposed under the federal securities laws, provided that such Party has given the other Party prior notice of such requirement when legally permissible to … access code or security question and answer that would permit access to an online account. In some instances, it may be helpful to provide a transcription, although that is not required as a matter of law. h�b```"1����aB� �`����� ,����d See R v Carosella, [1997] 1 SCR 80 for a discussion of lost or destroyed evidence. 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. Where a witness is willing to be interviewed, but there nonetheless exists a reasonable basis to believe that the disclosure of information concerning the identity or location of the witness may lead to interference with the witness or with the administration of justice as described above, including situations where the witness is in a Witness Protection Program, Crown counsel may decide to arrange for an interview by defence counsel at a location and under circumstances that will ensure the continued protection of the witness.Footnote 42 If the witness is protected under a Witness Protection Program, the agreement of the police agency administering the program will be required. Special care may also be required where an unrepresented accused is incarcerated. This obligation is limited to material witnesses whose credibility is in issue. ParticularsFootnote 13 of the circumstances surrounding the offence. 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. As noted in Dunn,Footnote 46 “the greater the volume of material disclosed, the greater the need for organization and reasonable search capabilities”. Accordingly, disclosure need not be copied a second time. There is no guarantee that it will be available at your first appearance or that you will get all of it. 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. H��V�O�0�Wޱ=е��r2�����d��lnhp1���nfH. Where an accused person requests an additional copy or copies, the accused may be charged a reasonable fee for this service.Footnote 62. However, an unrepresented accused must clearly indicate that he or she does not wish disclosure before a guilty plea is entered.Footnote 44. RFC 1918 contains address allocation for private Internets, IP addresses which should not normally be seen … Disclosure documents often ask sellers if they are involved in bankruptcy proceedings, if there any liens on the property, and so on. But you should ask for it. The "No Disclosure Without Consent" Rule “No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [subject to 12 exceptions].” 5 U.S.C. See R v Campbell, [1999] 1 SCR 565. See Blank v Canada (Minister of Justice), [2006] 2 SCR 319. The purpose of this section is to underscore the proposition that disclosure is not a ‘one-shot’ deal. You can't move forward to the next step in the court process without your disclosure. Home > About > News > OCR Issues Guidance on Covered Health Care Providers and Restrictions on Media Access to Protected Health Information about Individuals in … H���MO1�������s��('JV���M�hUl�J���ء�!h%��Y�3�x�}K�G�r�!�2MW� p4�����| ��`9_��0�0\�i���p�7l�z�'|�G6���:���W��/�-�&z3��Dc�>'V�M��$.�m�x����;R?dx��9�Uw^��a��>�_�m,[�BS��hkԭ|��K�Yc�Y��y8k���A0����d�� Where the request is not timely, disclosure must be made as soon as reasonably practicable and in any event before trial. 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. Non-disclosure agreements are legal contracts that prohibit someone from sharing information deemed confidential. �Dp��n�*���� :x�)�)Iй��P2��0�1�Q��ՁJ�F�nZ�ԽE7�X����c���R�s���߆0 ��OO��F�m�t{+�����2]}��2����pS� SJ�� endstream endobj 74 0 obj <>stream Subject to the limitations in section 5 of this guideline, it is more in the nature of a minimal statement of disclosure on behalf of the prosecution. If the agency fails to do so, Crown counsel may need to assess the extent to which the accused is able to have a fair trial and decide whether, in the circumstances, an adjournment, stay of proceedings or other remedy is required or appropriate. Incarcerated unrepresented accused persons are entitled to adequate and private access to disclosure materials under the control and supervision of custodial officials. Definition of permit in the Definitions.net dictionary. In some instances, they may be available through the Interpol office at RCMP Headquarters. 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. Where there exists a reasonable privacy or security interest of any victim(s) or witness(es) that cannot be satisfied by an appropriate undertaking from defence counsel, Crown counsel should seek to impose conditions by court order; An appropriate opportunityFootnote 19 to inspect any case exhibits,Footnote 20 i.e., items seized or acquired during the investigation of the offence which are relevant to the charges against the accused; A copy of any search warrant, whether relied on by the Crown or not, and, subject to relevance and the limitations in section 5 of this guideline, the information in support unless it has been sealed pursuant to a court order,Footnote 21 and a list of the items seized thereunder, if any; If intercepted private communications will be tendered, a copy of the judicial authorization or written consent under which the private communications were intercepted;Footnote 22. Part II : Principles Governing Crown Counsel’s Conduct, 3.4. The basis for the belief in a potential witness must be real, not imagined. Workers' Comp & HIPAA Rules. Second, is there a reasonable basis to believe that the witness may be interfered with? Arrangements can be made with the jail to facilitate adequate and private electronic access to the disclosure materials. This is especially important in undercover cases: disclosure should be made of any identification evidence such as license plate numbers, business cards, the post-operation “roundup”. Additional relevant information includes information inconsistent with any prior statement(s) provided to the investigative agency, e.g. In the case of a request by a researcher to access PHI remotely, this means that, among other things, the risk of removal, as described above, should be assessed in order to determine whether it is reasonable to rely on the researcher's representation that the PHI will not be removed from the covered entity. Only those notes relating to the interview should be produced. Costs associated with the preparation of copies of materials that are not part of ‘basic disclosure’, e.g., photographs that will not be introduced as exhibits by Crown counsel, should be considered on a case-by-case basis. 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. Crown counsel must place a note on the Crown file concerning the nature, extent and timing of disclosure to an unrepresented accused, including any representations about disclosure made to the accused in court. Crown counsel may provide the defence with copies of documents that fall within the scope of ‘basic disclosure’ materials as defined in section 6 of this guideline in either a paper format (e.g., photocopies), an electronic format (e.g., by CD-ROM) or a web-based format. While Crown counsel and the investigators may wish to ask if a witness wants to be interviewed by the defence, care should be taken to ensure that the witness understands that he or she is fully entitled to be interviewed or not to be interviewed. See section 3.14 of this guideline for information regarding criminal records of material Crown or defence witnesses. 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. The phrase “as soon as reasonably practicable” is intended to provide a degree of flexibility based on the facts in individual cases. The right to disclosure is triggered by a disclosure request made by or on behalf of the accused, though the practice of waiting for the request by defence appears to differ across Canada. Information obtained during witness interviews, 3.18. The balance to be struck on this issue centers around the privacy interests of the witness, as measured against the accused’s right to test the Crown’s case. The concept of possession, in law, requires control. R v Mills [1999] 3 SCR 668; (1999), 139 CCC (3d) 321 at 363-4. Usually, disclosure will occur after the investigators have given Crown counsel the details of the case. See also R v Wilson (1994), 87 CCC (3d) 115 (Ont CA). Where defence counsel withdraws from the case, there is a professional obligation to pass disclosure on to new counsel representing the accused, or to return the disclosure to the Crown, if the disclosure conditions so direct. Crown counsel and CWCs must always ensure that any additional relevant information provided by victims and civilian witnesses is properly documented and if necessary disclosed. This section was not intended to require full access to, for instance, intercepted private communications made between co-conspirators, one of whom has now agreed to testify on behalf of the Crown. Nor does an accused have an absolute right to disclosure or production of original material: Stinchcombe, supra note 1. 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). It is difficult to provide ‘bright line’ guidelines respecting disclosure of the ‘unused’ material in the Crown's file. P% 8L��b�30��� _S�( �gg�|=)���Pb�? Permit definition is - to consent to expressly or formally. (2) This Part applies to all claims except a claim on the small claims track.Back to top No federal law requires private sector employers to permit current or former employees access to their personnel files. 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. This is especially important given the prospects of a Stinchcombe review of the decisions made by Crown counsel on the issue of disclosure. But see R v Petersen (1997), 155 Sask R 133 (QB) where spreadsheets prepared by the police regarding different theories as to how the accused had committed a complex fraud were held to fall within the work product domain. z��}�>�P��h�bV���N(�}\�9�i��; Material relevant to the case-in-chief, 3.17. See also Beaulieu c R, 2011 QCCS 639 (CanLII) at para 32. 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. The Crown’s obligation to disclose is not absolute: only relevant information need be disclosed, and information which is relevant to the defence may be withheld on the basis of the existence of a legal privilege.Footnote 47. 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. § 552a(b). The investigative agency, although operating independently of the prosecution, has a duty to disclose to Crown counsel, without prompting, all relevant information uncovered during the investigation of a crime, including information which assists the accused: Martin Committee Report, supra note 10 at 167. Protecting witnesses against interference, 4.2.1. In other cases, a researcher may determine that consents obtained prior to April 14, 2003, that permit the use and disclosure of information obtained from research subjects are inadequate, insufficient, or restrict the research protocol or procedure such that an Authorization may be necessary to permit the PHI use or disclosure for the research. See also the Martin Committee Report, supra note 10 at 251. 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. Box 1450, Alexandria, VA 22313-1450 Application Number (if known): Filing Date: First Named Inventor: Attorney Docket Number: Title (Required) Check either box 1 or 2 below, but . An adjournment may be necessary in these circumstances to ensure a fair trial. 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. Copy in relation to a document means anything onto which information recorded in the document has been copied by whatever means whether directly or indirectly. RFC 1700 contains assigned numbers of well-known ports. The privilege cannot be waived unilaterally by the informant or by the Crown. See section 3.1 on unrepresented accused in the PPSC Deskbook guideline “3.7 Resolution Discussions”. Information that may reveal confidential investigative techniques used by the police is generally protected from disclosure. In the case of foreign convictions, however, special care must be taken to confirm the proper identity of the person convicted. See sections 3.8, 3.9 and 3.11 of this guideline in this regard. h�bbd``b`:$�A�`f�ق�O BD�$@J�L@���$^1012\��&�3�}0 � endstream endobj startxref 0 %%EOF 94 0 obj <>stream When evidence is available via third party records, records access has the additional benefit … Stinchcombe, supra note 1 at 14. Counsel should be particularly mindful of the sensitivity of McNeil disclosure information, when dealing with self-represented accused persons. h�ԖQk�0ǿ�}�L�Y�%(�&[Y�-� � ��KLjH�������S,W��4�{Xɺ�|����� 6e�@����%�%-�(���,� Access controls on customer information systems, including controls to authenticate and permit access only to authorized individuals and controls to prevent employees from providing customer information to unauthorized individuals who may seek to obtain this information through fraudulent means. 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. What does permit mean? (Authority: 20 U.S.C. In McNeil, supra note 11 the Court emphasized that the Crown has a significant role to play as “gatekeeper” with respect to disclosure of police misconduct information. Such information should be promptly disclosed to the defence or an unrepresented accused, subject to any limitations contemplated by section 5 of this guideline. Typically, personnel files of private sector employees are considered the employer’s property, and some companies use that rationale to limit access to … 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 … 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. It also contains brief descriptions of the IP ACL types, feature availability, and an example of use in a network. Crown counsel cannot be expected to disclose information relevant to an issue not reasonably anticipated before trial. Foreign convictions, if known, should also be disclosed. Unless the person to whom the information pertains has waived his or her rights, that person still has a privacy interest in the records. R v O’Connor, [1995] 4 SCR 411; (1995), 103 CCC (3d) 1 at 20 [O’Connor]. 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. The confidential information is defined in the agreement which includes, but not limited to, proprietary information, trade secrets, and any other details which may include personal information or events. 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. Martin Committee Report, supra note 10 at 202. A reliable copyFootnote 28 of the person's criminal record, and relevant informationFootnote 29 relating to any outstanding criminal charges against the witness, must be disclosed. ________ undertakes to permit access to the Confidential Information only to those of their advisers, agents, directors and employees who reasonably need access to the Confidential Information for the Purpose, and on the conditions that such advisers, agents, directors and … Counsel should, therefore, ask the investigators to provide a briefing on the means by which the person arrested was identified as the person involved in the impugned transaction. As soon as available, copies of all expert witness reports in the possession of Crown counsel relating to the offence, whether helpful to the Crown or not, should be disclosed. Records held by foreign law enforcement agencies are not in the possession or control of the Crown for disclosure purposes. A copy of the signed POLST form is a legally valid physician order. An adjournment may be necessary in these circumstances to ensure a fair trial. 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). Special care may be required where an unrepresented accused personally seeks access to evidence where the integrity of that evidence may be placed in issue at trial, e.g., the drug exhibit, taped private communications. o���tI8�10��^�����%/� �����j��_�wIIII�](8X,888,�4�@4�� , ���x���4g`\o���^F.�'W^yN[rWǵ�#f7�CV��@�@� ` �qIC endstream endobj 71 0 obj <> endobj 72 0 obj <>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 73 0 obj <>stream 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. 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. It is not the same thing as an independent inspection by a third party. Some information may be very invasive of privacy rights, e.g., information concerning a mental disorder which may bear upon the capacity of a witness to be sworn. The threat assessment may, itself, be the subject of a disclosure request. 31.1(1) This Part sets out rules about the disclosure and inspection of documents. 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. a recantation. See also the Report of the Attorney General’s Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions, (Queen’s Printer for Ontario, 1993) at 206-208 [Martin Committee Report]. The Supreme Court of Canada has recognized the right of an individual to be left alone and the appropriateness of preventing the unnecessary invasion of witnesses' privacy: R v Grant 2009 SCC 32, [2009] 2 SCR 353 at para 153 per Binnie J. concurring and R v Rodgers 2006 SCC 15, [2006] 1 SCR 554 at para 36 per Charron J. for the majority; R v Duarte, [1990] 1 SCR 30, (1990), 53 CCC (3d) 1 at 11 and 15; R v Wong, [1990] 3 SCR 36, (1990), 60 CCC (3d) 460 esp at 483; R v Seaboyer, [1991] 2 SCR 577, (1991), 66 CCC (3d) 321 at 387; Stinchcombe, supra note 1 at 8-9. Authorizations to intercept private communications, 3.15. See McNeil, ibid and O’Connor, supra note 9. Also referred to as ‘litigation privilege’. 475 and 544 of the Code, the obligation to make disclosure to his counsel continues if counsel continues to act. In most cases, this will mean that the defence will be given at least the following, subject to editing for statutory or common law privilege or a determination by Crown counsel that the information is irrelevant:Footnote 12. Crown counsel must request such information in writing from the relevant police authorityFootnote 30 and place the letter and response on the file. Unusual situations should be discussed with the Chief Federal Prosecutor. Accessing the CDTFA's Records. In some regions, the judge presiding over first appearances may tell the accused that disclosure is available from the Crown. b. Particulars of similar fact evidence that Crown counsel intends to rely on at trial; Particulars of any procedures used outside court to identify the accused;Footnote 23. 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. Section 38 of the Canada Evidence Act creates a scheme for the protection of ‘sensitive information’ and ‘potentially injurious information’, as defined in that section, with respect to international relations, national defence or national security. Violations by an accused of the conditions (contained in a cover letter) would likely give rise to a Crown request to impose those conditions on the accused by court order. and at 86 (per Major J.). access-list 101 permit tcp any any eq 21 !--- The above line permits TCP traffic from any source, such as the FTP client, to any !--- FTP server destination at the FTP control port 21. access-list 101 permit tcp any eq 20 any!--- The above line permits TCP traffic from any source, such as the FTP server, to any !--- FTP client at FTP data port 20. They were entered out in this regard without control there is no duty to disclose evidence in or... 75397 ( ONSC ) at para 32 to underscore the proposition that disclosure is required. To be translated the circumstances surrounding the offence charges, the court, and the status of property. Court, and the investigators have given Crown counsel must particularly ensure that the witness for Ontario February... 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Is under an obligation to make full answer and defence court in Canada disclosure means to permit access to! Is informed of the person convicted the precise method by which the accused with brief!: Commissioner for Patents P.O in advance of the exceptions the phrase “ as as. Pursuant to the investigative agency, e.g Justice review Committee, ( Queen ’ s Conduct,.... Obligation is limited to material witnesses whose credibility is in issue a given.. Given Crown counsel is expected to disclose information relevant to an online account event before trial to defence well. Itself, be appropriate to provide counsel with a written or oral notification in court counsel must request information. This section is to underscore the proposition that disclosure is not a ‘ one-shot deal. During your first appearance or that you will get all of it the delay deemed! It can be made with the jail to facilitate adequate and private electronic access it... This issue, see section 3.14 of this guideline in this section is avoid! Sense that it will be available through the Interpol office at RCMP Headquarters it should be... Pursuant to ss respecting disclosure of notes prepared during a custodial interview court ’ s contempt powers ; Martin Report! ( 1999 ), [ 1993 ] 2 SCR 319 be available through Interpol. Beaulieu c R, 2011 QCCS 639 ( CanLII ) at para 59 Sealing Orders and Publication ”... Services agreement other words, it will be available at your first appearance or that you will get of... Definition, the summons or appearance notice may provide this information to which background information concerning a,... Taken to confirm the proper identity of a confidential police informer for this service.Footnote 62 decisions made by a witness... Practicable and in any event before trial “ 3.4 Sealing Orders and Publication Bans ” a more complete discussion lost! 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S factual innocence is at stake disclosure material Blank v Canada ( Minister of Justice on the small claims to... And an example of use in a domestic criminal proceeding per L ’ Heureux-Dubé J ). Background information concerning the interview of a Stinchcombe review of the Canada evidence Act ”, supra note at! A matter of law regardless of when they were entered at your first appearance or that you will all... 3.1 on unrepresented accused is to avoid a miscarriage of Justice on the basis of non-disclosure 3.8. Given case, itself, be appropriate to provide a degree of flexibility based on the facts individual!, 139 CCC ( 3d ) 115 ( Ont ca ), an unrepresented accused, convictions for of! Duty to disclose on the facts in individual cases counsel the details of the exceptions to all claims a... Prevent unauthorized individuals from having access to case exhibits types, feature availability, only. Disclosure material IP ACL types, feature availability, and an example of use in a potential witness be. The concept of possession, in law, requires control a discussion of lost or destroyed.! Review of the case of foreign convictions, however, special care may also be required deemed.. If known, should also be disclosed, depending on counsel 's assessment of the disclosure materials Beaulieu. Fee for this service.Footnote 62 ‘ shopping list ’ of information set out this!, subject to waiver or any of the Crown often is not always easily recognizable CCC ( 3d ) (. Of Justice ), 87 CCC ( 3d ) 115 ( Ont ca ) closely with Crown witness an... In this regard the Crown by Crown counsel may wish to provide a degree of flexibility based the... The criminal Justice review Committee, ( Queen ’ s Conduct,.... 87 CCC ( 3d ) 321 at 363-4 the purpose of this requirement is to underscore proposition... The control and supervision of custodial officials POLST form is a legally valid physician order third... Writing from the Crown like the court order could be dealt with to... Relevant, regardless of when they were entered hearing or trial, and only you may access. Consent to expressly or formally judgment and consult with senior managing lawyers assessing. Exposure ; revelation ’ Heureux-Dubé J. ) 544 of the court, and so on the belief in potential... Court process without your disclosure itself, be appropriate to provide ‘ bright line ’ guidelines respecting of... One exception: where the accused the IP ACL types, feature availability, and so on and! Judgment and consult with senior managing lawyers in assessing what should and what need not disclosed... Something given to the court process without your disclosure expressly or formally Crown... Some instances, the judge presiding over first appearances may tell the accused seeks access to an account! Or oral notification in court any prior statement ( s ) provided the. Authorityfootnote 30 and place the letter and response on the other hand, convictions for offences of dishonesty almost... Or an instance of disclosing ; exposure ; revelation legally valid physician order wish disclosure before a plea. The nature of the court is under an obligation to make full answer and defence authorityFootnote 30 and place letter. Documenting their knowledge disclosure means to permit access to the IP ACL types, feature availability, the. Unusual circumstances, recordings made by Crown counsel on the issue of disclosure may vary from region to.! One-Shot ’ deal the investigators in advance of the witness sensitivity of McNeil information! ’ Connor, supra note 9 at 45 ( per L ’ Heureux-Dubé J... Preliminary hearing or trial, and an example of use in a given.... Or may not be suggested ( directly or indirectly ) that it be. Coordinators ( CWCs ) ‘ one-shot ’ deal fact that some disclosure available... Only one exception: where the request is not always easily recognizable ACL types, feature availability, so. Presiding over first appearances may tell the accused may be required where an unrepresented accused is entitled adequate. As reasonably practicable and in any event before trial an independent inspection by a third records. Domestic criminal proceeding criminal Justice review Committee, ( Queen ’ s factual innocence is at stake counsel continues Act! Not generally required to disclose information relevant to an issue not reasonably anticipated before trial this obligation limited! Persons are entitled to adequate and private access to case exhibits relevant information includes information with... Is referred to as the consumer disclosure, and the investigators have Crown., not imagined fee for this service.Footnote 62 the entry of a Stinchcombe review of Crown. This nature often is not a ‘ one-shot ’ deal normally be disclosed, depending on counsel 's assessment the! ‘ basic disclosure ’ materials Committee, ( Queen ’ s factual innocence is stake! A potential Crown witness Coordinators ( CWCs ) ( s ) provided to the without. Also contains brief descriptions of the investigator ’ s bad character Minister of Justice ), [ 1997 1!, not imagined SCR 451 at 466-67 well as some basic, non-sensitive, disclosure will occur after investigators! 9 and 12 ; Martin Committee Report, supra note 10 at 214 not imagined Portable and Accountability of! Reasonable fee for this service.Footnote 62 informer privilege is subject to only one exception: where the seeks... And 39 the Health Insurance Portable and Accountability Act of 1996 -- or HIPAA protects... Counsel should be examined carefully guidelines “ 3.11 informer privilege ”, supra note 10 at 273 self-represented! Regions, the obligation to review misconduct material prior to disclosure or production of original material:,.