This ruling addresses a defence application to prevent the Crown from calling evidence in response to two Charter applications due to the Crown's late or absent responses.
For the first application (ss. 8, 9, 10(b)), the court found the Crown's late response did not cause surprise and permitted evidence.
For the second 'overholding' application (ss. 7, 9), the Crown had not responded and sought to introduce new, undisclosed evidence.
The court ruled against delaying the case for new disclosure, allowing the Crown to respond only with previously known evidence and denying an adjournment for new evidence.
