The accused appealed after the Court of Appeal set aside a judicial stay entered because of repeated Crown non-disclosure in a sexual offence prosecution.
A majority held that non-disclosure violates s. 7 only where it prejudices the accused's ability to make full answer and defence, and that a stay is reserved for the clearest of cases where prejudice cannot be otherwise remedied.
The Court also established a landmark framework for obtaining production of private third-party records, requiring the accused to show likely relevance and requiring the court to balance trial fairness against privacy and equality interests.
The appeal was dismissed and a new trial ordered.
