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Casual Articles - Ask, And It Will Be Given: Disclosure
5 Highly Visible Marketing Strategies That Make Your Brand Recognizable rown counsel are under a duty at common law to disclose to Defence counsel all material evidence, whether favourable to the accused or not. Any breach of this duty constitutes a very serious breach of legal ethics: R. v. Stinchcombe, [1991] 3 S.C.R. 326.The Secret to Creating Great Wealth is to be Recognizable. You’ve probably heard it said that you have to be famous to be wealthy. That isn’t quite true, but the idea is significant to the process.If nobody knows your business exists, you won’t make much money from the business. You must be both visible and recognizable within your niche. Niche Marketing will take you where you want to go once your customers know you’re there.1) Leave your calling card.Business Cards are relatively inexpensive and can be left everywhere. I leave one on the table with my tip (and tip generously, I want the wait staff to remember me).2) Elevator Speech.Mention your business, and use your ‘elevator speech’ often. Your Elevator Speech should be catchy, memorable, and tell exactly what you do. Don’t be vague here - get the message out.3) Send Reminders and Remembrances.When you remember a person as an individual, they remember you. They k The Crown’s obligation to disclose is not absolute. It is subject to a discretion both to withhold information and to the timing of disclosures made: Stinchco In any kind of litigation what you don’t know can hurt you, but in criminal litigation failing to grasp as many of the pertinent details as possible helps ensure that misery awaits. Statutory Law The laws, rules and regulations enacted by legislatures and other governing bodies. Canada’s taxation laws are codified in the Income Tax Act (“ITA”) and Regulations. Criminal law is similarly codified in the Criminal Code (“CC”). Common Law This is the body of law first developed in England from judicial decisions shaped by custom and precedent and later adopted by Canada and the United States; also called “case law” these decisions interpret and apply the statutory provisions enacted by the legislature to particular sets of facts. The Prosecution’s Duty “…[T]he purpose of a criminal prosecution is not to obtain a conviction... The role of prosecutor excludes any notion of winning or losing… the fruits of the investigation… are not the property of the Crown for use in securing a conviction but the property of the public to be used to ensure that justice is done.” Boucher v. The Queen, [1955] S.C.R. 16, Rand J. states, at pp. 23-24. Crown counsel are in a different position from ordinary litigants as they represent the public interest of the community at large: Re: Skogman and The Queen, [1984] 2 S.C.R. 93 (S.C.C.) What Is Disclosure? Disclosure in this context means the release, transfer, provision of, access to, or divulging in any manner of information by the Crown corporately to the Defence. Federal Crown counsel are under a duty at common law to disclose to Defence counsel all material evidence, whether favourable to the accused or not. Any breach of this duty constitutes a very serious breach of legal ethics: R. v. Stinchcombe, [1991] 3 S.C.R. 326. The Crown’s obligation to disclose is not absolute. It is subject to a discretion both to withhold information and to the timing of disclosures made: Stinchcom Common Law This is the body of law first developed in England from judicial decisions shaped by custom and precedent and later adopted by Canada and the United States; also called “case law” these decisions interpret and apply the statutory provisions enacted by the legislature to particular sets of facts. The Prosecution’s Duty “…[T]he purpose of a criminal prosecution is not to obtain a conviction... The role of prosecutor excludes any notion of winning or losing… the fruits of the investigation… are not the property of the Crown for use in securing a conviction but the property of the public to be used to ensure that justice is done.” Boucher v. The Queen, [1955] S.C.R. 16, Rand J. states, at pp. 23-24. Crown counsel are in a different position from ordinary litigants as they represent the public interest of the community at large: Re: Skogman and The Queen, [1984] 2 S.C.R. 93 (S.C.C.) What Is Disclosure? Disclosure in this context means the release, transfer, provision of, access to, or divulging in any manner of information by the Crown corporately to the Defence. Federal Crown counsel are under a duty at common law to disclose to Defence counsel all material evidence, whether favourable to the accused or not. Any breach of this duty constitutes a very serious breach of legal ethics: R. v. Stinchcombe, [1991] 3 S.C.R. 326. The Crown’s obligation to disclose is not absolute. It is subject to a discretion both to withhold information and to the timing of disclosures made: Stinchco The Prosecution’s Duty “…[T]he purpose of a criminal prosecution is not to obtain a conviction... The role of prosecutor excludes any notion of winning or losing… the fruits of the investigation… are not the property of the Crown for use in securing a conviction but the property of the public to be used to ensure that justice is done.” Boucher v. The Queen, [1955] S.C.R. 16, Rand J. states, at pp. 23-24. Crown counsel are in a different position from ordinary litigants as they represent the public interest of the community at large: Re: Skogman and The Queen, [1984] 2 S.C.R. 93 (S.C.C.) What Is Disclosure? Disclosure in this context means the release, transfer, provision of, access to, or divulging in any manner of information by the Crown corporately to the Defence. Federal Crown counsel are under a duty at common law to disclose to Defence counsel all material evidence, whether favourable to the accused or not. Any breach of this duty constitutes a very serious breach of legal ethics: R. v. Stinchcombe, [1991] 3 S.C.R. 326. The Crown’s obligation to disclose is not absolute. It is subject to a discretion both to withhold information and to the timing of disclosures made: Stinchco Crown counsel are in a different position from ordinary litigants as they represent the public interest of the community at large: Re: Skogman and The Queen, [1984] 2 S.C.R. 93 (S.C.C.) What Is Disclosure? Disclosure in this context means the release, transfer, provision of, access to, or divulging in any manner of information by the Crown corporately to the Defence. Federal Crown counsel are under a duty at common law to disclose to Defence counsel all material evidence, whether favourable to the accused or not. Any breach of this duty constitutes a very serious breach of legal ethics: R. v. Stinchcombe, [1991] 3 S.C.R. 326. The Crown’s obligation to disclose is not absolute. It is subject to a discretion both to withhold information and to the timing of disclosures made: Stinchco The Crown’s obligation to disclose is not absolute. It is subject to a discretion both to withhold information and to the timing of disclosures made: Stinchcombe, per Sopinka, J. at 339. At the same time Crown counsel have a duty to act fairly – the proper administration of the justice system depends on it: Cunliffe and Bledsoe v. Law Society of British Columbia (1984), 13 C.C.C. (3d) 560 (B.C.C.A.) What Must Be Disclosed? With respect to what should be disclosed, the general principle is that all relevant information must be disclosed. When Crown counsel exercises their discretion not to make disclosure that decision is reviewable by the trial judge. The material disclosed must include not only that which the Crown intends to introduce into evidence but also that which it does not. No distinction in disclosure should be made between inculpatory and exculpatory evidence: Stinchcombe, at 343. The Request The obligation to disclose will be triggered by a request by or on behalf of the accused. Technically, such a request can be made at any time after a charge has been laid; but early and often is a good rule of thumb. If the request for disclosure has been timely, the Crown should comply with it to allow the accused has sufficient time to consider the information before election or plea: Ibid., at 343. What If Disclosure Is Refused? Defence counsel must bring any failure of the Crown to comply with its duty to disclose at the earliest opportunity; by doing so promptly the trial judge can frequently remedy any prejudice to the accused: Caccamo v. The Queen, [1976] 1 S.C.R. 786. Any failure or delay by Defence counsel to object, or to object promptly, would be an important factor in determining whether, on appeal, a new trial should be
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