Stinchcombe and Crown Disclosure of Criminal Evidence

Document Type

Article

Publication Title

Law Now

Volume

42

Issue

2

Publication Date

11-1-2017

Abstract

Rarely does a single prosecution so fundamentally alter legal practice in Canada as the Stinchcombe case. This criminal law decision from a unanimous Supreme Court of Canada does not involve the merits of guilt or innocence or the severity of sentencing. It deals only with the uncompromising legal duty of the Crown prosecutor to share all the evidence it has collected with the accused prior to the criminal trial. If the Crown does not do so, the charge may be stayed or a conviction overturned. This has resulted in delays, a massive expansion of prosecutorial resources and undoubtedly some people guilty of crimes walking free. This article tells the story of the landmark Stinchcombe case.

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