December 2, 2012 - The Crown’s Duties

The Crown’s Duties

Been wrongly convicted of an offence that should only apply to the “person”?

Per the Canadian Criminal Procedure and Practice/Disclosure (CCPPD) the Crown has a duty to disclose exculpatory evidence.

"The Crown must disclose all materials information that is in its possession or control that is not clearly irrelevant, regardless of if the evidence is to be called at trial or is inculpatory or exculpatory." R v Stinchcombe, 1991 CanLII 45 (SCC), [1991] 3 SCR 326 at 339 and 343, R. v. Stinchcombe, 1995 CanLII 130 (SCC), [1995] 1 SCR 754 at 755, R. v. Wickstead, 1997 CanLII 370, [1997] 1 SCR 307

The duty to disclose is engaged once the accused requests information from the crown anytime after the charge has been laid. R v Stinchcombe, 1991 CanLII 45 (SCC), [1991] 3 SCR 326 at 342

Exculpatory evidence would include the right to know that you have a choice to be considered a “person” before the law or waiving that right, as stated in article 16 of the International Covenant on Civil and Political Rights:

“Everyone has the right to recognition everywhere as a person before the law.”

Any lawyer who purports to represent or prosecute a man or woman pursuant to alleged violations of legislated rules, which apply to a “person,” and fail to inform that man or woman of their rights, are guilty of violating their natural rights and of breach of trust and duty.

"The duty is engaged upon the request of the Defendant. It is continuous throughout the proceedings up to and including the trial. The Crown may object to the request on the basis that it is irrelevant, outside of their control, or otherwise privileged. R. v. Chaplin, [1995] 1 SCR 727. The burden is on the Crown to justify the refusal to disclose.” CCPPD

Consider a tort by raising a "cause of action" against the crown attorney/prosecutor in a Superior Court or Court of Queen’s Bench, demanding Common Law as the law of the case.


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