Provision of Information

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Chapter 10

• Provision of Information

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Objectives

• Describe the regulations and principles related
  to the provision of information to an accused in
  summary trial proceedings

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Main Teaching Points

• Duty to provide information at the
• Summary Trial

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General

• Provision of information to an accused is at the
  heart of procedural fairness
• An accused must be informed of the case against
  them
• Accuseds right to this information is part of
  the right to make full answer and defence and is
  included in section 7 of the Charter as one of
  the principles of fundamental justice.

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Duty to Provide Information at Summary Trial

• Presiding officers have a duty to ensure that the
  accused and assisting officer are provided or
  given access to any evidence that will be relied
  on at summary trial or tends to show the accused
  did not commit the offence(s) charged
• There is no corresponding duty on the accused to
  provide any information

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Types of Information to be Provided

• a copy of any MP or unit investigative report (or
  the relevant portions of the report to be relied
  upon at summary trial or that would tend to show
  the innocence of the accused)
• in the case of physical evidence-access to the
  evidence

When copies of evidence cannot be produced, such
as with physical evidence, must be given access
to the evidence. Access can be supervised to
guard against tampering
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Timing for Provision of Information

• Provided in sufficient time to permit the accused
  to consider it
• in making an election for court martial and
• to properly prepare the accuseds case prior to
  the summary trial
• Accused should be granted an adjournment to allow
  time for obtaining legal advice or trial
  preparation

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Who has duty to provide Information?

• Although the duty rests with the presiding
  officer, others including the MP may actually
  provide the information to the accused and
  assisting officer
• All evidence to be relied on at summary trial
  must be listed in Part 2 of the RDP. Accused is
  required to sign and date Part 2 of the RDP
• Certain types of information may be classified or
  subject to privacy interests prior to provision
  or review in accordance with the Privacy Act

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Examples

• information that is likely to endanger national
  security or international relations
• information that will reveal the identity of an
  informant
• information that is likely to impede a current or
  planned investigation or
• information that that may endanger a third party

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Release of MP reports done in conjunction with
the Base/Wing SAMP advisor

• When the SAMP advisor is unable to approve
  release, advice of unit legal advisor should be
  sought

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Effect of Failure to Provide Information

• Failure to provide information will not
  automatically impair the accuseds Charter right
  as the provision of information is only one
  component of the right. Non-provision will not
  necessarily result in a guilty finding being set
  aside on review.

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Chapter 10

• The End
• Provision of Information

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