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How does the Charter affect the role of the Crown prosecutor in criminal prosecutions?
One of the most important protections that an accused person (and society in general) has in Canada is given by the Charter. This is the right to full disclosure by the Crown of all the evidence that the Crown prosecutor has. The Crown prosecutor has a special obligation within the Canadian justice system to see that the accused is treated fairly. The Supreme Court of Canada has said,
"The fruits of the investigation which are in the possession of the counsel for the crown 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".
Disclosure of all relevant evidence is necessary so that the accused can make a full answer and defence to the charges.
December 1996
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