Can the disclosure of evidence in a computer readable format meet the duty of disclosure under the Statutes of Canada?

Manitoba, Canada


The following excerpt is from R. v. Piaskowski et al, 2007 MBQB 68 (CanLII):

In Cazzetta et al v. Her Majesty The Queen, supra, Côté J. stated at p. 4: The model of disclosure that has prevailed up to now may not be adequate in the future. For example, the Statutes of Canada are only available on compact discs. Ultimately, not only can disclosure and machine readable format be just as effective; in addition, it offers the advantage that the data on the disc cannot be lost or misplaced. A few portable discs that can be consulted on different monitors can be used, instead of boxes full of documents. In my opinion, it is possible for the disclosure of evidence in machine readable format to fulfill the duty of disclosure, provided the accused or their counsel have a good enough opportunity to consult and review it.

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