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An Invitation to Not Provide Full, Fair and Frank Disclosure?

It has long been held that the obligation to provide disclosure, or from the perspective of the accused, the Constitutional right to obtain disclosure, is not absolute.n Stinchcombe, the Supreme Court held that the right to disclosure is contextual and will always yield to the duty of the Court and Crown to safeguard the identity of a Confidential Informant unless the innocence of the accused is at stake.[i]

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Dna Upon Arrest: Is It The Next Tool For Law Enforcement?

The Conservative government is exploring the idea of arming the police with a new crime fighting tool: the collection of DNA samples upon arrest. This proposal is not new to Canada. Many states in the United States, as well as countries such as England, already permit the seizure of DNA upon arrest.

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The Final Say: Closing Addresses in a Jury Trial

When our editor asked if I would write an article on closing addresses to the jury, I immediately recalled an article written in 1967 on defence closing addresses to the jury penned by the late Arthur G. Martin. For those of you who want to learn a thing or two, I highly recommend reading this article.

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