How does the Crown Disclose Unlawful Pornography to the Defence?
The Crown has an obligation to disclose to the accused all information, whether inculpatory or exculpatory, that could reasonably be used by the accused either in meeting the case for the Crown, advancing a defence or otherwise in making a decision which may affect the conduct of the defence such as, for example, whether to call evidence. This obligation is constitutionally-mandated and tied to the accused’s constitutional right to make full answer and defence. R. v. Stinchcombe ( 1991 CanLII 45 (SCC), [1991] 3 S.C.R. 326 ; R. v. Dixon (1998) 1998 CanLII 805 (SCC), 122 C.C.C. (3d) 1 at para.27. Where the offences charged involve unlawful pornography, as with any other case, the Stinchcombe disclosure requirements operate. The defence is entitled to view the images, and in my opinion, diligent counsel should view at least a portion of the images which form the basis of the criminal charge/s. It is not an easy task for counsel, but it is a necessary on...