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Saturday, May 19, 2012



As a Defendant to a Criminal Charge one has a right to full disclosure so that they may properly defend that charges agaisnt them.


THE GROUNDS FOR APPLICATION FOR DISCLOSURE ARE:
1.      Full disclosure of the requested documents and records are required so that the applicant may make full answer and defence to the charges against her.
2.     The documents and records requested will assist the applicant to prove that the charge brought against them are false.
3.     The  applicant is entitled to full disclosure pursuant to Sections 7, 10, 11 (d) 15 (1) and 24(1)(2) of the Canadian Charter of Rights and Freedom and sections 603, 605 and 625.1 of the Criminal Code of Canada; and all other charter rights mentioned in paragraph , including, but not limited to ss. 603, 605, and 625.1 of the Canadian Criminal Code.
4.     The applicant is entitled to full disclosure pursuant to the following case authorities that are binding law that the judges of the Provincial Court of required to follow and apply.  See Supreme Court of Canada – Decisions – R. v. McNeil, 2009 SCC 3, [2009] 1 S.C.R. 66:



Read full Article:
http://newbrunswickprovincialcourt.blogspot.ca/p/as-defendant-to-criminal-charge-one-has.html
Posted by at 03:52

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