“It reminds the prosecution that they need to provide full, honest and transparent disclosure of the evidence and they have to provide it well before trial,” says Keith, explaining why the interim ruling is so important.
“They cannot change their mind without consequences or – as I put it in my argument – they can’t play trial by deception and ambush,” he added. “They need to be open and transparent as the law requires and they need to let us know what their evidence is so we can respond.”
“It’s important because it protects corporations, employers or individuals who are charged and ensures that they know the case that they have to meet,” he says. “It’s a very fundamental principle in common law around the world as well as under our Charter of Rights and Freedoms in Canada”