Advocate Daily quotes Toronto lawyer Norm Keith in an article about the Ontario Court of Justice’s ruling in Ontario (Ministry of Labour) v. Advanced Construction Techniques Ltd. to exclude evidence because of late disclosure.
“It shows that whatever the forum, criminal or quasi-criminal, people and corporations have the same right to a fair trial,” says Keith. “That includes disclosure. You can’t mount a defence if you don’t know what the prosecutor is going to present. It would have changed the cross-examination strategy and, indeed, the entire strategy if we had known from the start.”
“Not everyone, even lawyers, are aware of these rights,” he says. “But they apply as shown here. It’s reasonable that corporations — especially where the principals face jail — have these rights.”