Ontario criminal | Disclosure
DUTY ON CROWN
Jury rolls likely relevant to attribution of delay
Accused challenged representativeness of jury pools. Accused sought disclosure of jury rolls for preceding year. Application for disclosure granted. Jury rolls were third party records outside control of prosecution. Jury rolls were likely relevant to attribution of delay for s. 11(b) Charter application that will ultimately be brought by accused and should be disclosed.
R. v. Madahbee-Cywink (Jul. 25, 2014, Ont. S.C.J., Varpio J., File No. 12-0003, 12-0034, 13-0003, 13-0013, 13-0018, 13-0025) 121 W.C.B. (2d) 248.
Jury rolls likely relevant to attribution of delay
Accused challenged representativeness of jury pools. Accused sought disclosure of jury rolls for preceding year. Application for disclosure granted. Jury rolls were third party records outside control of prosecution. Jury rolls were likely relevant to attribution of delay for s. 11(b) Charter application that will ultimately be brought by accused and should be disclosed.
R. v. Madahbee-Cywink (Jul. 25, 2014, Ont. S.C.J., Varpio J., File No. 12-0003, 12-0034, 13-0003, 13-0013, 13-0018, 13-0025) 121 W.C.B. (2d) 248.
