Accused charged with drug and firearm offences. First trial adjourned due to Crown’s illness, and second trial adjourned due to disclosure issues. On the date of the third trial, the Crown disclosed an in car video of the events in question. The video had not been disclosed earlier due to an error within the Crown’s office, resulting in the video not being uploaded and sent to the assigned prosecutor.
Held: Stay of Proceedings.
“E-disclosure protocols must be developed to ensure the efficacy and function of IT systems which provide disclosure to the defence. This category of Charter breach is just as important as a Charter breach caused by an individual.”
D. Chow – Defence Counsel