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Prosecutor seeks to withhold crucial records from defence

from Neuberger & Partners LLP

Prosecutor seeks to withhold crucial records from defence Neuberger & Partners LLP When Bill C-51 was passed by Parliament in December 2018 it changed rules of evidence in sexual assault trials. The most egregious changes for the accused is that all records in their possession and which they may wish to use at trial now have to be disclosed in advance, with the complainant having access to those documents. Additionally, if the accused successfully obtains a ruling for disclosure of third party records, like medical or therapy records, the defence now has to make a separate application in order to actually be allowed to use the third party records at trial. READ MORE

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