calgary defence blog
A Defence lawyer's perspective on issues in criminal law
Defence details off limits
Posted in CONSPIRACY, Tagged News ClippingsApril 19, 2009
Prosecutors can’t divulge to police details of defence Charter challenges before the officers testify, a Calgary judge has ruled. Provincial court Judge Heather Lamoureux said information in defence Charter notices, which must be provided to the Crown, can’t be passed on to witnesses.
Lawyers David Chow and Greg Dunn argued allowing officers access to detailed defence notices would allow cops to tailor their evidence to plug up potential rights breaches. Chow said his document outlining what he believed officers did wrong in arresting his client for impaired driving amounted to privileged information. Lamoureux, in a written ruling obtained yesterday by the Sun, agreed the notice, which by law must provide details outlining alleged Charter breaches, contained privileged information.
“It cannot be that the court can sanction the police review of a ... Charter notice,” Lamoureux said.
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