Where disclosure of information is delayed to protect the safety or security of witnesses pursuant to section 4.2 of this guideline or to complete an investigation pursuant to section 5.3, Crown counsel must disclose the information as soon as the justification for the delay in disclosure no longer exists. On the other hand, convictions for offences of dishonesty will almost always be relevant, regardless of when they were entered. Crown counsel’s disclosure obligation is a continuing one and relates to information that comes to the attention of or into the possession of Crown counsel throughout the process and continues after conviction, including after appeals have been decided or the time of appeal has elapsed.Footnote 10, Crown counsel shall, as soon as reasonably practicable,Footnote 11 provide disclosure. See also the PPSC Deskbook guidelines “3.11 Informer Privilege” and “5.1 National Security”. RFC 1700 contains assigned numbers of well-known ports. Special considerations may apply where counsel for the accused seeks access to intercepted private communications involving the accused. (2) This Part applies to all claims except a claim on the small claims track.Back to top Records held by foreign law enforcement agencies are not in the possession or control of the Crown for disclosure purposes. P% 8L��b�30��� _S�( �gg�|=)���Pb�? In terms of PAIA, access to information must be refused if its disclosure "could reasonably be expected to endanger" the safety of an individual, and may be refused if its disclosure would be likely to impair the security of a building, a computer system, a means of transport or any system for protecting the public. This section was not intended to require full access to, for instance, intercepted private communications made between co-conspirators, one of whom has now agreed to testify on behalf of the Crown. This obligation is limited to material witnesses whose credibility is in issue. If an unrepresented accused indicates an intention to proceed without counsel, Crown counsel shall advise the accused of the right to disclosure and how to obtain it.Footnote 43 This requirement does not preclude a guilty plea without disclosure, for example where the accused simply wishes to dispose of the charge as quickly as possible. Access to information in the federal government. Access controls on customer information systems, including controls to authenticate and permit access only to authorized individuals and controls to prevent employees from providing customer information to unauthorized individuals who may seek to obtain this information through fraudulent means. In most instances, this section will require disclosure of the basic terms of the arrangement between the Crown and any co-operating accomplice expected to testify on behalf of the Crown, subject to the limitations in section 5 of this guideline. ), (1992) 72 CCC (3d) 97 (Nfld CA) at 109; R v McNeil 2009 SCC 3 [McNeil]. In most cases, this will mean that the defence will be given at least the following, subject to editing for statutory or common law privilege or a determination by Crown counsel that the information is irrelevant:Footnote 12. Meaning of permit. If the latter material can be separated from the rest of the disclosure it can be given to the accused with disclosure conditions. Home > About > News > OCR Issues Guidance on Covered Health Care Providers and Restrictions on Media Access to Protected Health Information about Individuals in … O’Connor, supra note 9 at 45 (per L’Heureux-Dubé J.) Non-disclosure agreements are legal contracts that prohibit someone from sharing information deemed confidential. n. o. t . It is not intended to be exhaustive, see section 3.18 of this guideline regarding other material. ‘Particulars’ is not intended in the sense that it is used in s 587 of the Code. The information available in each case should be examined carefully. Crown counsel will have to exercise discretion when assessing whether to disclose old criminal convictions or convictions for offences which could not really assist in the impeachment process. In some instances, a controlled interview will provide the necessary balance between the right of the accused to full answer and defence and the need to protect the witness against interference or threats. While the Crown must err on the side of inclusion, it need not produce evidence that is beyond the control of the prosecution, clearly irrelevant, or privileged. It is difficult to provide ‘bright line’ guidelines respecting disclosure of the ‘unused’ material in the Crown's file. o���tI8�10��^�����%/� �����j��_�wIIII�](8X,888,�4�@4�� , ���x���4g`\o���^F.�'W^yN[rWǵ�#f7�CV��@�@� ` �qIC endstream endobj 71 0 obj <> endobj 72 0 obj <>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 73 0 obj <>stream Access the Software Advisor (registered customers only) tool in order to determine the support of some of the more advanced Cisco IOS®IP ACL features. An incidental use or disclosure is a secondary use or disclosure that cannot reasonably be prevented, is limited in nature, and that occurs as a result of another use or disclosure that is permitted by the Rule. The threat assessment may, itself, be the subject of a disclosure request. Stinchcombe, supra note 1 requires disclosure of notes prepared during a custodial interview. Where defence counsel is unwilling to accept the disclosure conditions, Crown counsel should seek to impose conditions by court order; A copy of all written, audio or video recorded statements concerning the offence which have been made by the accused to a person in authority; in the case of oral statements, a verbatim account, where available, including any notes of the statement taken by investigators during the interview; if a verbatim account is not available, an account or description of the statement; and a reasonable opportunity to view and listen to, any original audio or video recorded statement of the accused to a person in authority. Where disclosure is in one of the two official languages, it does not need to be translated. New Hampshire Medical Information Unauthorized Disclosure Notification Statute: For persons, corporations, facilities, or institutions either licensed in New Hampshire or otherwise lawfully providing health care services, the state’s Medical Where a witness is willing to be interviewed, but there nonetheless exists a reasonable basis to believe that the disclosure of information concerning the identity or location of the witness may lead to interference with the witness or with the administration of justice as described above, including situations where the witness is in a Witness Protection Program, Crown counsel may decide to arrange for an interview by defence counsel at a location and under circumstances that will ensure the continued protection of the witness.Footnote 42 If the witness is protected under a Witness Protection Program, the agreement of the police agency administering the program will be required. Crown counsel must disclose the request to the defence who may choose to bring an application for disclosure of the third party records.Footnote 36, If the defence seeks information concerning the identity or location of a witness, Crown counsel must consider four factors: first, the right of an accused to a fair trial and to make full answer and defence; second, the principle that there is no property in a witness;Footnote 37 third, the right of a witness to privacy and to be left alone until required by subpoena to testify in court; fourth, the need for the criminal justice system to prevent intimidation or harassment of witnesses or their families, danger to their lives or safety, or other interference with the administration of justice.Footnote 38. Stinchcombe, supra note 1 contemplates disclosure of the investigator’s notes or copies of notes concerning the interview of a witness. § 552a(b). If an unrepresented accused indicates an intention to plead guilty to an offence for which there will likely be a significant jail term, counsel should suggest to the presiding judge that an adjournment may be in order to permit disclosure to the accused. The purpose of this requirement is to avoid a miscarriage of justice on the basis of non-disclosure. }-��c &��s���Pq1�gkHP\,�z0X��{�q�KdF!% e��7���rQ�o�_��E^}����:����j6/@��"���4����{9�i)�]],�)`�����q��^�ď&;��~���,����ml�N%�`c���"=�Rd����֛>"�y�}� M������m�l>����g�~ca�~B�c�rL7��϶�;���ϯ��N.����O �n�|���[�&Y�\�[d���,Y9$��m.�պ>� �W�0=H��*o"���g�"����Vr��qʹ�Y���(��� b)�f7%z��|��QabT�. service agreement – what it means to use worketc. The investigative agency, although operating independently of the prosecution, has a duty to disclose to Crown counsel, without prompting, all relevant information uncovered during the investigation of a crime, including information which assists the accused: Martin Committee Report, supra note 10 at 167. See also the Martin Committee Report, supra note 10 at 251. In the case of foreign convictions, however, special care must be taken to confirm the proper identity of the person convicted. Thus, in certain circumstances, Crown counsel may have to consider staying a charge in order to avoid the disclosure of information that would prejudice an ongoing investigation. An unrepresented accused is entitled to the same disclosure as a represented accused in order to make full answer and defence. In general, the Crown's obligation is to adduce evidence that is relevant to an element of the offence that the Crown must prove, and not adduce evidence in chief to challenge a defence that an accused might possibly raise: R v Chaulk, [1990] 3 SCR 1303; (1990), 62 CCC (3d) 193 at 237 ff. Where an accused person requests an additional copy or copies, the accused may be charged a reasonable fee for this service.Footnote 62. b. The wiretap logs and session lists should be a routine part of the disclosure provided to the accused in every wiretap case, subject to editing for privilege and subject to appropriate undertakings or court-ordered conditions. Where the request is not timely, disclosure must be made as soon as reasonably practicable and in any event before trial. Copy in relation to a document means anything onto which information recorded in the document has been copied by whatever means whether directly or indirectly. See also R v Wilson (1994), 87 CCC (3d) 115 (Ont CA). In most instances, it will be appropriate to provide this access under the supervision of an investigator or Crown counsel. Typically, personnel files of private sector employees are considered the employer’s property, and some companies use that rationale to limit access to … In some regions, the judge presiding over first appearances may tell the accused that disclosure is available from the Crown. See R v Hutter (1993), 86 CCC (3d) 81 (Ont CA) at 89–90, leave to appeal to the SCC refused and Martin Committee Report, supra note 10 at 206. If there are reasonable grounds for concern that leaving disclosure materials with an unrepresented accused would jeopardize the safety, security, privacy interests, or result in the harassment of any person, Crown counsel may provide disclosure by means of controlled and supervised, yet adequate and private, access to the disclosure materials. The circumstances surrounding the interview should be agreed upon by Crown counsel and the investigators in advance of the interview. Where there has been a timely request, disclosure should be made before plea or election or any resolution discussions: Stinchcombe, supra note 1 at 14. Without control there is no duty to disclose on the part of Crown counsel or the police. The Crown like the Court is under an obligation to protect the identity of a confidential police informer. But you should ask for it. See section 5.8 in this regard. See R v Gibbons, (1947) 86 CCC 20 (Ont CA) at 28; Smith v Jones, [1999] 1 SCR 455. A disclosure statement for a loan is a type of disclosure statement that is used as a means of allowing relevant officials access to the information relevant to a certain individual’s loans so as to determine the validity and fairness of the transaction. Special care may be required where an unrepresented accused personally seeks access to evidence where the integrity of that evidence may be placed in issue at trial, e.g., the drug exhibit, taped private communications. Rather, it contemplates the provision of details or information concerning the circumstances surrounding the offence. Additional relevant information includes information inconsistent with any prior statement(s) provided to the investigative agency, e.g. Any section not completed implies full treatment for that section. There is no guarantee that it will be available at your first appearance or that you will get all of it. access-list 101 permit tcp any any eq 21 !--- The above line permits TCP traffic from any source, such as the FTP client, to any !--- FTP server destination at the FTP control port 21. access-list 101 permit tcp any eq 20 any!--- The above line permits TCP traffic from any source, such as the FTP server, to any !--- FTP client at FTP data port 20. The “use” of personal information refers to the ability of school division personnel or contractors working directly with the school division to utilize the personal information the school division has collected or created. Material relevant to the case-in-chief, 3.17. *�Xw^+�-�qW��� *��=6X��}����>� ����`#^�������'{V4m� Those that apply to hospitals and clinics operated by the Department of Mental Health (DMH), however, permit disclosure of a patient’s health information without a patient’s written consent only in very limited circumstances, including: at DMH’s request, pursuant to a court order, or where the disclosure is determined to be in the patient’s best interests and it is not possible or practicable to … Information that constitutes a confidence of the Queen's Privy Council for Canada pursuant to s. 39(2) of the Canada Evidence ActFootnote 53 must be protected from disclosure. The right to disclosure is triggered by a disclosure request made by or on behalf of the accused, though the practice of waiting for the request by defence appears to differ across Canada. "Disclosure" means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record. Counsel should ensure that, where disclosure is made to an unrepresented accused, it is made subject to conditions governing the appropriate uses and limits upon the use of disclosure material. worketc pty ltd, a corporation chartered in australia (“worketc”) is willing to provide the services described in the attached purchase order only upon the condition that you accept all of the terms contained in this agreement. Crown counsel must place a note on the Crown file concerning the nature, extent and timing of disclosure to an unrepresented accused, including any representations about disclosure made to the accused in court. Non-Disclosure Agreement (NDA) Template – Sample. Where there exists a reasonable privacy or security interest of any victim(s) or witness(es) that cannot be satisfied by an appropriate undertaking from defence counsel, Crown counsel should seek to impose conditions by court order; An appropriate opportunityFootnote 19 to inspect any case exhibits,Footnote 20 i.e., items seized or acquired during the investigation of the offence which are relevant to the charges against the accused; A copy of any search warrant, whether relied on by the Crown or not, and, subject to relevance and the limitations in section 5 of this guideline, the information in support unless it has been sealed pursuant to a court order,Footnote 21 and a list of the items seized thereunder, if any; If intercepted private communications will be tendered, a copy of the judicial authorization or written consent under which the private communications were intercepted;Footnote 22. For a more complete discussion of this issue, see the PPSC Deskbook directives “4.1 Protecting Confidential Information under Section 37 of the Canada Evidence Act”, “4.2 Protecting Confidential Information under Section 38 of the Canada Evidence Act” and “4.3 Protecting Cabinet Confidences under Section 39 of the Canada Evidence Act”, supra note 2. Protecting witnesses against interference, 4.2.1. This is especially important in undercover cases: disclosure should be made of any identification evidence such as license plate numbers, business cards, the post-operation “roundup”. During your first court date, you may get disclosure from the Crown. access code or security question and answer that would permit access to an online account. Martin Committee Report, supra note 10 at 202. If the agency fails to do so, Crown counsel may need to assess the extent to which the accused is able to have a fair trial and decide whether, in the circumstances, an adjournment, stay of proceedings or other remedy is required or appropriate. R v Dunn, 2009 CanLII 75397 (ONSC) at para 59. The Access to Information Act gives Canadian citizens, permanent residents, and any person or corporation present in Canada a right to access records of government institutions that are subject to the Act. Even where third party records are physically in the possession of the Crown, disclosure is not automatic. As noted in Dunn,Footnote 46 “the greater the volume of material disclosed, the greater the need for organization and reasonable search capabilities”. Information that may reveal confidential investigative techniques used by the police is generally protected from disclosure. Crown counsel must request such information in writing from the relevant police authorityFootnote 30 and place the letter and response on the file. Accessing the CDTFA's Records. Copies of all such statements or access thereto should be provided whether or not they are intended to be relied upon by the Crown;Footnote 17, Particulars of the accused's and any co-accused’s criminal record;Footnote 18. What does permit mean? Public Prosecution Service of Canada Deskbook, Guideline of the Director Issued under Section 3(3)(c) of the Director of Public Prosecutions Act, In the seminal case on the Crown’s disclosure obligations, R v Stinchcombe,Footnote 1 the Supreme Court of Canada set out the duty on the part of the Crown to provide disclosure to an accused person. May be interfered with order to make full answer and defence real, not imagined can. With an offence in a network the signed POLST form is a legally valid physician.! 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Issue, see section 3.9 of this guideline product privilege 2011 QCCS 639 ( CanLII ) at para 59 at! Easily recognizable be communicated to the next step in the possession or control of the exceptions in order to disclosure. A matter of law of 1996 -- or HIPAA -- protects your right to defence... Assumes that the accused is entitled to one copy of the criminal Justice review Committee, ( Queen ’ notes!

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