Assignment task: In The Ken Murray Case: Defence Counsel's Dilemma
Q1. In what way does the subject of evidence disclosure relate to jurisprudence and "criminal law"?
Q2. What are the relevant legal issues surrounding the "Defence Counsel's Dilemma"?
Q3. According to author Austin Cooper, "[at]t that time, there was no jurisprudence in Canada that provided direction, and the Rules of Professional Conduct in Ontario were largely silent on the issue." What is the legal relevance and implication of Cooper's statement regarding the Murray case?
Q4. The unanimous 7-0 Supreme Court of Canada "Stinchcombe" [1991] decision stated that "[t]he Crown has a legal duty to disclose all relevant information to the defence". If the Supreme Court were to hear a case regarding defence disclosure, what might their decision be and why?
Q5. What actions would you make as a defence attorney if a client came into your office wearing a "bloody shirt" or with other potentially incriminating or "inculpatory" evidence?