Looking for information on "mandatory COVID-19 vaccination in a workplace"?  CLICK HERE

Can someone sue the Crown for failure to provide disclosure of significant evidence?

Can someone sue the Crown for failure to provide disclosure of significant evidence? 

Referring to the case of Henry v. B.C. (Attorney-General), the answer is YES.  In this case, the Court had to consider what level of liability should be required when it’s alleged that the Crown infringed someone’s right to fundamental justice under the Charter of Rights and Freedoms by failing to disclose material evidence.  To establish the basis for civil compensation under s.24(1) of the Charter, the Court determined that it was not necessary to show malice by the Crown. That’s a separate basis for a claim.

The majority of the Court held that it would be necessary to show that the Crown intentionally failed to disclose evidence that was likely to have a material effect on the accused’s right to a fair trial. In the case of Mr. Henry, the Crown’s failure to provide witness statements, failure to disclose forensic test results and failure to disclose the fact that someone else had been suspected of the series of sexual assaults he was charged with, was capable of constituting the basis for such a claim.