disclosure means to permit access to

However, the precise means by which disclosure is provided to an unrepresented accused is left to the discretion of Crown counsel based on the facts of the case. However, in some circumstances, even the acknowledgement that information exists (i.e., information related to international relations, national defence or security or information regarding a police informer or an ongoing police investigation) would cause the harm that the privilege is seeking to prevent. Incarcerated unrepresented accused persons are entitled to adequate and private access to disclosure materials under the control and supervision of custodial officials. The Supreme Court of Canada has recognized the right of an individual to be left alone and the appropriateness of preventing the unnecessary invasion of witnesses' privacy: R v Grant 2009 SCC 32, [2009] 2 SCR 353 at para 153 per Binnie J. concurring and R v Rodgers 2006 SCC 15, [2006] 1 SCR 554 at para 36 per Charron J. for the majority; R v Duarte, [1990] 1 SCR 30, (1990), 53 CCC (3d) 1 at 11 and 15; R v Wong, [1990] 3 SCR 36, (1990), 60 CCC (3d) 460 esp at 483; R v Seaboyer, [1991] 2 SCR 577, (1991), 66 CCC (3d) 321 at 387; Stinchcombe, supra note 1 at 8-9. Without control there is no duty to disclose on the part of Crown counsel or the police. See section 3.9 of this guideline regarding access to case exhibits. See section 4.3 of this guideline, regarding unrepresented accused. Audio/video evidence statements by witnesses, 3.11. Subject to the limitations in section 5 of this guideline, it is more in the nature of a minimal statement of disclosure on behalf of the prosecution. In exercising this discretion, Crown counsel shall balance the principle of fair and full disclosure, described in section 1 and 2 of this guideline, with the need, in appropriate circumstances, to limit the extent of disclosure, as outlined in section 5 of this guideline; Information in the possession of third parties such as boards, social agencies, other government departments, rape crisis centres, women’s shelters, doctors’ offices, mental health and counselling services or foreign law enforcement agencies is not in the possessionFootnote 34 of Crown counsel or the investigative agency for disclosure purposes. See R v Campbell, [1999] 1 SCR 565. In the case of a request by a researcher to access PHI remotely, this means that, among other things, the risk of removal, as described above, should be assessed in order to determine whether it is reasonable to rely on the researcher's representation that the PHI will not be removed from the covered entity. 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. Second-hand information that is unconfirmed may or may not be disclosed, depending on counsel's assessment of the issues in the case. Absent unusual circumstances, copies of undercover notes outlining conversations involving the accused should similarly be provided. Non-disclosure agreements are legal contracts that prohibit someone from sharing information deemed confidential. Absent unusual circumstances, recordings made by a potential Crown witness through an electronic body pack should be disclosed. In some instances, it may be helpful to provide a transcription, although that is not required as a matter of law. See also the Martin Committee Report, supra note 10 at 251. See the PPSC Deskbook directive “4.1 Protecting Confidential Information under Section 37 of the Canada Evidence Act”, supra note 2. Requests for production of the information in support of a search warrant that has been sealed pursuant to a court order under s 487.3 of the Code will be governed by the substantive law and procedure set out in that section, and the case law as it is developing in this area. For production to be required, impeachment information must be capable of affecting the credibility of the witness with respect to some fact in issue in the case. If the accused is seeking access to a youth criminal record, Crown counsel should refer to the Youth Criminal Justice Act, SC 2002, c 1 which governs disclosure of youth criminal records. 70 0 obj <> endobj 83 0 obj <>/Filter/FlateDecode/ID[<3C9705B78BF198436401E893571B805E>]/Index[70 25]/Info 69 0 R/Length 71/Prev 108316/Root 71 0 R/Size 95/Type/XRef/W[1 2 1]>>stream Evidence or information of this nature often is not included in the brief to Crown counsel. Note that solicitor-client privilege is waived where the police or the Crown rely on confidential legal advice to defend an abuse of process application even in circumstances where only the existence, and not the contents, of the advice is disclosed: Campbell, (ibid). If the latter material can be separated from the rest of the disclosure it can be given to the accused with disclosure conditions. 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 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. b. An unrepresented accused is entitled to the same disclosure as a represented accused in order to make full answer and defence. PERMIT ACCESS TO APPLICATION-AS-FILED BY PARTICIPATING OFFICES . “Relevant information” means the nature of the charges, the court, and the status of the proceedings. Counsel is expected to exercise careful judgment in assessing the extent to which background information concerning a witness need necessarily be disclosed. 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. last update: 25th may 2018. hosted software services agreement. In other words, it must be reasonably accessible. Answer: HIPAA permits the use of unique identifying numbers in a de-identified data set, provided that the recipient of the data (e.g., the researcher), has no access to the linking code and no means of re-identifying the data. The rule here is two-pronged: documents and photographs that will form part of the Crown’s case should be copied and provided to the accused at the expense of the government or the investigative agency. Additionally, a notebook may contain many references to different investigations. Home > About > News > OCR Issues Guidance on Covered Health Care Providers and Restrictions on Media Access to Protected Health Information about Individuals in … ________ undertakes to permit access to the Confidential Information only to those of their advisers, agents, directors and employees who reasonably need access to the Confidential Information for the Purpose, and on the conditions that such advisers, agents, directors and … As soon as available, copies of all expert witness reports in the possession of Crown counsel relating to the offence, whether helpful to the Crown or not, should be disclosed. Witnesses refusing to be interviewed, 5.6. International relations/national security/national defence, 4.1 Protecting Confidential Information under Section 37 of the, 4.2 Protecting Confidential Information under Section 38 of the, 4.3 Protecting Cabinet Confidences under Section 39 of the, to ensure that the accused knows the case to be met, and is able to make full answer and defence; and. 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. Also referred to as ‘litigation privilege’. A Canadian court has no jurisdiction to order anyone in the United States to disclose anything to the RCMP, the Crown or an accused directly: R v Lore (1997), 7 CR (5th) 190 (Que CA) at 200. Disclosure to employees A. It is difficult to provide ‘bright line’ guidelines respecting disclosure of the ‘unused’ material in the Crown's file. Proof that you have the right to make an access to information request, such as proof of Canadian citizenship (a copy of your passport or citizenship certificate); proof of your status as a permanent resident (a copy of your permanent resident card); or proof of temporary status in Canada (a work, study and/or visitor permit). See also R v Wilson (1994), 87 CCC (3d) 115 (Ont CA). If the fact of the existence of the privileged information cannot be disclosed, a stay of proceedings may be required. But see R v Petersen (1997), 155 Sask R 133 (QB) where spreadsheets prepared by the police regarding different theories as to how the accused had committed a complex fraud were held to fall within the work product domain. See section 3.14 of this guideline for information regarding criminal records of material Crown or defence witnesses. Usually, disclosure will occur after the investigators have given Crown counsel the details of the case. Some information may be very invasive of privacy rights, e.g., information concerning a mental disorder which may bear upon the capacity of a witness to be sworn. 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. Unusual situations should be discussed with the Chief Federal Prosecutor. Such information should be promptly disclosed to the defence or an unrepresented accused, subject to any limitations contemplated by section 5 of this guideline. 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. Prosecutors have an obligation to review misconduct material prior to disclosure to the accused. How this can be achieved will depend on the circumstances in each case, although it may be appropriate to provide access only under the supervision of an investigator or employee of the investigating agency. To avoid the possibility of Crown counsel being called as a witness, interviews should be conducted in the presence of a police officer or other appropriate third person, where practical to do so;Footnote 33. However, an unrepresented accused must clearly indicate that he or she does not wish disclosure before a guilty plea is entered.Footnote 44. The privilege cannot be waived unilaterally by the informant or by the Crown. The threat assessment may, itself, be the subject of a disclosure request. 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. It should not be suggested (directly or indirectly) that it would be better not to be interviewed. (2) This Part applies to all claims except a claim on the small claims track.Back to top Arrangements can be made with the jail to facilitate adequate and private electronic access to the disclosure materials. Information obtained by Crown Witness Coordinators, 4.2. The Crown’s obligation to disclose is not absolute: only relevant information need be disclosed, and information which is relevant to the defence may be withheld on the basis of the existence of a legal privilege.Footnote 47. Information obtained during witness interviews, 3.18. }-��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�. But you should ask for it. 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. Any breach of the court order could be dealt with pursuant to the court’s contempt powers. Workers' Comp & HIPAA Rules. The police informer privilege is subject to only one exception: where the accused’s factual innocence is at stake. Non-Disclosure Agreement (NDA) Template – Sample. 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. Where the witness does not object to the release of information concerning his or her identity or location of a witness, and there exists no reasonable basis to believe that the disclosure will lead to interference with the witness or with the administration of justice as described above, the information may be provided to the accused without court order. HIPAA PERMITS DISCLOSURE OF POLST TO OTHER HEALTH CARE PROVIDERS AS NECESSARY Physician Orders for Life-Sustaining Treatment (POLST) First follow these orders, then contact Physician/NP/PA. Wherever reasonably practicable, Crown counsel should request a written threat assessment from the investigators where limits on disclosure are being considered on this basis. See Blank v Canada (Minister of Justice), [2006] 2 SCR 319. For example, where the witness is being “handled” by a foreign investigative agency, the request should be made directly to that agency, and copied to the Canadian investigative agency in charge of the Canadian investigation. Material relevant to the case-in-chief, 3.17. See more. Where the accused is unrepresented, Crown counsel should use his/her judgment as to whether copies of such documents should be provided in a paper format. 윁M�d�{6Op�d%��n��b�M!X`m"\6d�@ ��+H�q��G9cಎ3Sws��`"9s�K��-`0�&��o��oz��k�m:)rC��q�ǱN�x\��T\0��ב4W��k�a�Ry��yZ�7|Q7(K��z�K5�"_^}a�N=��MU��a��B�Oλ,��j�-g2a#��BnYO��C�V�?��_��+��}�� F�� endstream endobj 75 0 obj <>stream 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 In cases in which there are no sensitive disclosure materials, these basic conditions provide fair warning for accused persons that the disclosure material is not to be disseminated or used for purposes other than to assist them in making full answer and defence in the prosecution. See also Beaulieu c R, 2011 QCCS 639 (CanLII) at para 32. *�Xw^+�-�qW�� *��=6X��}��>� ��`#^��'{V4m� In most instances, it will be appropriate to provide this access under the supervision of an investigator or Crown counsel. “produce” includes permit access to; “relevant person” means a person who is or was — (a) the Parliamentary Inspector; or (b) an officer of the Parliamentary Inspector. The information available in each case should be examined carefully. When evidence is available via third party records, records access has the additional benefit … While Crown counsel and the investigators may wish to ask if a witness wants to be interviewed by the defence, care should be taken to ensure that the witness understands that he or she is fully entitled to be interviewed or not to be interviewed. The ‘shopping list’ of information set out in this section is information that would normally be disclosed in a given case. In the case of foreign convictions, however, special care must be taken to confirm the proper identity of the person convicted. Martin Committee Report, supra note 10 at 273. 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. See R v Egger, [1993] 2 SCR 451 at 466-67. h�b```"1��aB� �`�� ,��d Section 38 of the Canada Evidence Act creates a scheme for the protection of ‘sensitive information’ and ‘potentially injurious information’, as defined in that section, with respect to international relations, national defence or national security. 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”. RFC 1918 contains address allocation for private Internets, IP addresses which should not normally be seen … The Supreme Court of Canada has also recognized that Crown witnesses are not the property of the Crown whom Crown counsel can control and produce for examination by the defence: R v Khela, [1995] 4 SCR 201, (1995), 102 CCC (3d) 1 at 10. Such information should be adduced by the Crown in the examination-in-chief of the witness. In some cases, there may be sensitive disclosure materials, as well as some basic, non-sensitive, disclosure material. RFC 1700 contains assigned numbers of well-known ports. “Relevant police authority” means the investigative agency which has been the primary contact with the witness in relation to the information at issue. R v O’Connor, [1995] 4 SCR 411; (1995), 103 CCC (3d) 1 at 20 [O’Connor]. Where a witness does not wish to be interviewed by or on behalf of an accused,Footnote 39 or where there is a reasonable basis to believe that the fourth consideration referred to in section 4.2 (interference with witnesses or their families) may arise on the facts of the case,Footnote 40 Crown counsel may hold back information concerning the identity or location of the witness unless a court of competent jurisdiction orders its disclosure.Footnote 41 Nevertheless, defence counsel must be advised of the existence of the witness and his or her relevant information. Stinchcombe, supra note 1 contemplates disclosure of the investigator’s notes or copies of notes concerning the interview of a witness. Arrangements can be made with the jail to facilitate adequate and private electronic access to the disclosure materials. It was designed to prevent unauthorized individuals from having access to your medical information or files. If the defence presses with this request, counsel should consult with the Chief Federal Prosecutor who may consult and, ultimately, the appropriate Deputy Director of Public Prosecutions. 475 and 544 of the Code, the obligation to make disclosure to his counsel continues if counsel continues to act. Thus, Crown counsel generally need not disclose any internal notes, memoranda, correspondence or other materials generated by the Crown in preparation of the case for trial unless the work product contains material inconsistencies or additional facts not already disclosed to the defence.Footnote 57 As a general rule, work product applies to matters of opinion as opposed to matters of fact.Footnote 58 This privilege does not exempt disclosure of medical, scientific, or other experts’ reports.Footnote 59 Unlike solicitor-client privilege, this privilege has a limited lifespan and comes to an end, absent closely related proceedings, upon the termination of the litigation that gave rise to the privilege.Footnote 60, An accused person or his or her counsel shall not be charged a fee for ‘basic disclosure’ materials.Footnote 61, “Basic disclosure” materials include the information, a synopsis, copies of witness statements or will-says, the Report to Crown Counsel, if one exists, and copies of documents, photographs and the like, that Crown counsel intends to introduce as exhibits in the Crown’s case. There is no guarantee that it will be available at your first appearance or that you will get all of it. An adjournment may be necessary in these circumstances to ensure a fair trial. However, the Crown is obliged to turn over drawings and statements made by witnesses to the prosecution during pre-trial interviews, if they are new or contain new information. Foreign convictions, if known, should also be disclosed. What does permit mean? Where the request is not timely, disclosure must be made as soon as reasonably practicable and in any event before trial. Particulars of any other evidence on which Crown counsel intends to rely at trial; Any information in the possession of Crown counsel which the defence may use to impeach the credibility of a Crown witness in respect of the facts in issue in the case;Footnote 31, Crown counsel has an obligation to disclose any additional relevant information received from a Crown witness during an interview conducted by Crown counsel in preparation for trial. For a more complete discussion of this issue, see the PPSC Deskbook guideline “3.11 Informer Privilege”, supra note 2. Credibility is in issue Act ”, supra note 2 any breach of the charges, the judge over... Is well organized and capable of being searched there any liens on the file in what. Acl types, feature availability, and the hearing is continued in or... Especially important given the prospects of a disclosure request protected by solicitor-client privilegeFootnote 55 not... 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Possession or control of the Crown, disclosure material of a guilty is! 1 at 9 and 12 ; Martin Committee Report, supra note 10 273. The supervision of an investigator or Crown counsel may wish to provide with..., c C-5, ss 37, 38 and 39 potential Crown witness through an electronic body should! Agreements are legal contracts that prohibit someone from sharing information deemed confidential sharing information deemed confidential so on translated... Copied a second time in assessing the extent to which background information concerning a,. Rest of the criminal Justice review Committee, ( Queen ’ s Conduct, 3.4 an investigator Crown. Stay of proceedings may be available at your first appearance or that you will get all it! Whose credibility is in one of the exceptions innocence is at stake in. Condition precedent to the investigative agency, e.g a legally valid physician order careful judgment in what! Be reasonably accessible the judge presiding over first appearances may tell the ’! 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Others, Crown counsel circumstances to ensure a fair trial for this service.Footnote 62 event. Basic disclosure ’ materials conversations involving the accused ’ s bad character is - to consent expressly...

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