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Stinchcombe Ruling

It's hard to believe, but until 1991 in Canada, there was no strict standard for what evidence the Crown must turn over to the Defence for a trial. It was essentially left up to the Prosecution to decide for itself. That finally changed on November 17, 1991 when the Supreme Court adopted a new benchmark for disclosure called the Stinchcombe case. It now obliges the Crown to turn over all the evidence necessary for a full and complete defence as guaranteed by section 7 of the Canadian Charter of Rights and Freedoms.

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