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MPs heed defence bar’s warning that compelling defence disclosure in sex assault cases violates Charter

Members of the defence bar who warn that imposing unprecedented new disclosure requirements on people accused of sexual assault is unconstitutional say MPs appeared receptive to their suggestions for improving Bill C-51.


The message of the defence bar, including that of Ottawa criminal lawyer Michael Spratt who testified as an individual, persuaded at least some MPs.

“I agree with Mr. Spratt when he stated that the reverse disclosure requirements for the defence could potentially tip the hand of [the defence to] a liar, who would then be given an opportunity, as a result of sitting in and getting access to those records, and have an understanding of the defence’s litigation strategy to explain away inconsistencies and contradictions,” said the Conservatives’ deputy Justice critic, Edmonton litigator Michael Cooper.

Read the full article: Lawyers’ Daily

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