Monday, December 15, 2008

 

Basi Virk: the test for disclosure

No Basi-Virk listing for Monday December 15, 2008 in BC Supreme Court,Vancouver.
No listing for Tuesday December 16 either.
Nope, no Basi Virk listing for Wednesday December 17.
No listings whatever for Thursday December 18.

Homework instead. Seriously. This is from BOUCK'S LAW BLOG
By the Hon. John C. Bouck - December 12, 2008

It deals with the issues around disclosure, and more specifically to Basi-Virk. Here's an excerpt:

" ... the test for disclosure is relevancy ... documents must be relevant to the case the Crown intends to prove. They also must be relevant to the defence the defendants will present at trial. But defence does not have to disclose their defence before the prosecution closes its case at the trial. Therefore it is impossible for prosecutors to know before trial whether a particular document should be disclosed or not ..."


Recommended reading. - BC Mary.

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# posted by BC Mary @ 8:29 a.m.
Comments:
According to Mr. T's report on Friday's hearing, it would appear that our new man in the court room, the good Mr. Webster, has already made a bit of a case for relevancy.....

RossK.

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more detailed explanation at my place for anybody interested.

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# posted by Blogger RossK : December 15, 2008 at 2:12 p.m.
 
Thanks Mary - I'm not sure what happened but Justice Elizabeth Bennett was scheduled to rule Monday morning on outstanding issues from the hearing, according to what I heard Friday morning. The court did return after lunch to schedule some future dates but I was unable to attend, so perhaps Justice Bennett decided to delay her decision.

I will attempt to find out and report back.
# posted by Blogger Bill Tieleman : December 16, 2008 at 9:10 a.m.
 
I seen their names listed for Victoria Court this week.
# posted by Anonymous Anonymous : December 16, 2008 at 3:11 p.m.
 
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What???

Anonymous 3:11, thank you for that tip.

Amazing ...

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# posted by Blogger BC Mary : December 16, 2008 at 3:21 p.m.
 
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Wait a minute, 3:11 ... I've searched Victoria Provincial Court (even Victoria Supreme Court) for Tuesday December 16, 2008 and there's no listing.

So who did you see named, and where were they listed?

Thanks.

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# posted by Blogger BC Mary : December 16, 2008 at 3:34 p.m.
 
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