In a murder trial where self-defence was the central issue, the Crown removed four witnesses from its list shortly before trial because they possessed reliable exculpatory evidence.
The defence brought a motion to compel the Crown to call these witnesses.
The court held that while the Crown generally has discretion over which witnesses to call, the decision to exclude witnesses solely to withhold exculpatory evidence is a trial tactic reviewable under the court's trial management authority.
Finding that the Crown's strategy would adversely affect trial fairness, the court ordered the Crown to call the witnesses during its case.
