Bruce R. Fraser

The accused, a lawyer, was charged with breach of trust, theft, and fraud.

A former secretary gave evidence favourable to the defence at the preliminary inquiry.

The Crown subsequently interviewed her, obtained statements, decided not to call her at trial, and refused to disclose the statements to the defence.

The trial judge dismissed the defence's application for disclosure, and the accused was convicted.

The Supreme Court of Canada allowed the appeal and ordered a new trial, establishing that the Crown has a legal duty to disclose all relevant information to the defence, subject to reviewable discretion regarding privilege, relevance, and timing.

Criminal appeal concerning the constitutionality of the hate propaganda provisions in the Criminal Code after a high school teacher was convicted for communicating anti-semitic statements to students.

The majority held that s. 319(2) infringed freedom of expression under s. 2(b) of the Charter, but that the infringement was justified under s. 1 because the provision targeted the wilful promotion of hatred, a form of expression only tenuously connected to core free-expression values, in pursuit of the pressing objective of combating the harms of hate propaganda.

The majority also held that the reverse onus in the truth defence under s. 319(3)(a) infringed s. 11(d), but was similarly justified under s. 1.

The appeal was allowed and the provisions were upheld as constitutional.