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SCC Decision: January 16, 2009

R. v. McNeil, 2009 SCC 3
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(Criminal / Evidence / Crown's duty to disclose)
The accused was convicted on multiple drug charges.  The arresting officer was the Crown's main witness.  After conviction but before sentencing, the accused learned that the arresting officer had been charged criminally for drug-related offences.  The Court of Appeal ordered police files related to the charges against the arresting officer to be produced.  The arresting officer ultimately pleaded guilty, evidence of that conviction was admitted on the accused's appeal, and the accused's convictions were set aside.  The Supreme Court heard the case despite it being moot.  The Court held that the Crown's obligation to disclose all relevant information extends to police misconduct files that could reasonably impact on the case against the accused.  The Court also noted that relevant information should usually be disclosed by third parties, subject to court restrictions to guard privacy concerns.
Majority/Dissent: 8/0

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