[80] In this decision, other than a brief statement made by way of obiter dicta that the officer’s template-style notes did not constitute adequate disclosure, Mr. Justice Downie did not analyze whether the defendant had shown on a balance of probabilities that his rights to full and adequate disclosure under section 7 of the Charter had been denied. For these reasons, I conclude that the legal principles enunciated in Regina v. Murphy, supra, are not binding upon me in the context of the Charter application at bar. I must, however, instruct myself that I have a duty to consider the persuasive value of the various legal propositions established in the said case, either through its ratio decidendi or obiter dicta.
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