Which case is cited for the constitutional right to full and complete disclosure of the Crown's case?

• A. R v Carter
• B. R v Stinchcombe
• C. R v Brown
• D. R v Smith

Answer: (B)

The main idea tested is the Crown’s duty to disclose all material evidence to the defence to ensure a fair trial. In R v Stinchcombe, the Supreme Court of Canada held that this disclosure obligation is a constitutional requirement arising from the fairness guarantees of the Charter. The Crown must produce all relevant material evidence in its possession or control that could be useful to the defence, not just what it plans to rely on at trial. This includes witness statements, police notes, expert reports, and any information that could undermine the Crown’s case or bolster the defence, and it must be provided in a timely fashion so the defence can prepare.

If disclosure is incomplete or untimely, the remedy can be significant—the fairness of the trial is compromised, which can lead to a remedy such as a new trial or other appropriate remedies to prevent prejudice. The other cases mentioned deal with different aspects of procedure or evidence, but they do not establish this fundamental constitutional disclosure obligation in the way Stinchcombe does.