Monday, December 24, 2012

Police and Crown do not act at direction of accused

R. v. Spackman, 2012 ONCA 905 makes clear that police and Crown do not act at direction of an accused:

[108] The disclosure obligations of the Crown do not require the production of witnesses for discovery, for example by calling them as witnesses at a preliminary inquiry: R. v. S.J.L., 2009 SCC 14, [2009] 1 S.C.R. 426, at para. 23; R. v. Khela, [1995] 4 S.C.R. 201, at para. 18. Nor does an accused have a constitutional right, as an incident of the right to make full answer and defence or otherwise, to an adequate police investigation of the crime with which she or he is charged: R. v. Darwish, 2010 ONCA 124, (2010), 103 O.R. (3d) 561, at para. 29; R. v. Barnes, 2009 ONCA 432, at para. 1. Further, an accused has no constitutional right to direct the conduct of a police investigation of which she or he is the target or, through a disguised disclosure demand, conscript the police to undertake investigatory work for him or her: Darwish, at para. 30; R. v. Schmidt, 2011 BCCA 3, 151 C.C.C. (3d) 74 (B.C.C.A.), at para. 19. On the other hand, the police and Crown should give serious consideration to investigative requests made on behalf of an accused:Darwish, at para. 30. That said, it is the prosecutorial authorities, not the defence, that bear the ultimate responsibility for determining the course of the investigation:Darwish, at para. 30.


4 comments:

Anonymous said...

Brokersring.com - Learn how to turn $500 into $5,000 in a month!

[url=http://www.brokersring.com/]Make Money Online[/url] - The Secret Reveled with Binary Option

Binary Options is the way to [url=http://www.brokersring.com/]make money[/url] securely online

Anonymous said...

Hi colleagues, nice post and fastidious urging commented
at this place, I am actually enjoying by these.

Here is my weblog; graduate certificate online

Anonymous said...

Nice blog here! Also your web site loads up fast!
What web host are you using? Can I get your affiliate link to your host?
I wish my web site loaded up as quickly as yours lol

Feel free to visit my weblog ... http://homecashsuccessreview.com

Anonymous said...

Terrific work! This is the type of info that are supposed to be shared across the net.
Shame on Google for not positioning this put up upper! Come
on over and discuss with my web site . Thank you =)

my web blog ... Skin treatment