Legal Word of the Day: “Stinchcombe”

Photo: Niklas Bildha

Photo: Niklas Bildha

Stinchcombe — In this significant case, the Supreme Court of Canada found that the Crown must make full disclosure to the defence, of all relevant information. Disclosure fulfills the s.7 Charter right of the accused to be able to make a full defence to criminal charges.

William Stinchcombe, a lawyer, was charged in Alberta with breach of trust, theft and fraud. At trial, the Crown chose not to call a witness who had given a statement to the police. The Crown refused to give Mr. Stinchcombe a copy of the police statements.

Failure to comply with the Stinchcombe disclosure obligation could result in any of: a stay of proceedings, evidence exclusion, a new trial, and costs.

Related Cases:

R. v. Stinchcombe, [1991] 3 S.C.R. 326

R. v. McAnespie, [1993] 4 SCR 501

Hersch Harry Kopyto v. Law Society of Upper Canada, 2013 ONLSHP 81 (CanLII)

One comment

  1. Tracey Gauley · ·

    Every cpd program I attend it seems, Stinchcombe comes up during the discourse. Just came up in a program I attended today. Great word of the day, or, “case of the day”! 🙂

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