NCJ Number
19068
Date Published
1974
Length
275 pages
Annotation
EXAMINATION OF THE EXTENT AND NATURE OF DISCOVERY IN CANADIAN CRIMINAL CRIMES, BOTH BY LAW AND IN PRACTICE, ALONG WITH PROPOSALS FOR REFORM OF THE SYSTEM.
Abstract
THIS REPORT CONTAINS TWO SECTIONS - A RESEARCH PAPER PREPARED BY THE CRIMINAL PROCEDURE PROJECT AND A WORKING PAPER OF THE LAW REFORM COMMISSION OF CANADA. THE RESEARCH PAPER IN SECTION ONE EXAMINES THE EXTENT TO WHICH EITHER THE ACCUSED OR THE PROSECUTION IS EITHER ENTITLED OR ENABLED TO OBTAIN DISCOVERY OF ANY INFORMATION, OBJECTS, THEORIES, ETC., THAT MIGHT BE RELEVANT TO THE CONDUCT OF A CRIMINAL PROSECUTION. ARGUMENTS BOTH FOR AND AGAINST DISCOVERY IN CRIMINAL CASES ARE EXPLORED, INCLUDING THE SPECIAL CONSIDERATIONS THAT ARE RAISED IN REGARD TO POSSIBLE DISCOVERY OF THE ACCUSED. THE CRIMINAL DISCOVERY SYSTEMS IN ENGLAND, ISRAEL, VERMONT, TEXAS, AND CALIFORNIA ARE REVIEWED, AND POSSIBLE CHANGES IN THE CANADIAN DISCOVERY SYSTEM ARE PROPOSED. THE SECOND SECTION OF THIS REPORT DISCUSSES CRIMINAL PROCEDURE BY RELATING THE PURPOSE OF THE CRIMINAL PROCESS TO DISCOVERY. ALSO EXAMINED ARE SOME OF THE PRINCIPLES ON WHICH A DISCOVERY SYSTEM SHOULD BE GROUNDED, AND THE EXTENT OF DISCOVERY IN CANADA, BOTH BY LAW AND IN PRACTICE. THE DISCOVERY STUDY IN SECTION ONE OUTLINES THE FEATURES OF A FORMAL SYSTEM OF DISCOVERY WHICH WOULD PROVIDE THE ACCUSED WITH THE RIGHT TO DISCOVERY. THE SYSTEM PROPOSED IN THE WORKING PAPER CONTAINS SPECIFIC PROVISIONS ON THE INFORMATION AND MATERIAL TO BE DISCLOSED BY THE PROSECUTION AT THE PREPLEA AND PRE-TRIAL STAGES, AND THE PROCEDURES BY WHICH THE DISCLOSURE, AT THESE TWO STAGES WOULD BE EFFECTED. (SNI ABSTRACT)