Ep 156 The Great Cases Series -- Charter Section 7 Right to Full Answer and Defence
Stephanie and Craig are back with the latest discussion of key court decisions affecting national security law. Here, we take a quick look at the thorny issue of disclosure of information by the government in criminal cases, governed by several key section 7 cases. We discuss Stinchcombe and O’Connor. And then segue into how national security confidentiality privileges under section 38 of the Canada Evdence Act feed into the discussion. Here, we chat about Ribic and Ahmad. Once again, Craig has prepared a “Charter Short” providing a video primer on section 7 and criminal law disclosure. You may want to view this first. For a deeper dive on the “intelligence to evidence” issues this system of disclosure raises, see this article by Leah West and this article by Craig Forcese.