In the Canadian adversarial system, the goal of a Crown prosecutor is not to seek a conviction - it is ostensibly to see that justice is achieved. However, like police, the prosecution can often suffer from tunnel-vision. The prosecutor can come to vehemently believe in the guilt of the accused, and proceed in a manner that will lead to conviction.

In Canada, the Crown has a legal obligation to disclose all relevant information to the defence. This obligation not only extends to the evidence which would tend to convict the defendant, but also to evidence that would exonerate the defendant. The known cases of wrongful conviction are full of instances where the Crown failed to provide full disclosure to the defence. Without this evidence, the accused is not able to put forward a full defence to the charges against him.The failure to disclose can indeed be quite serious - for example, not disclosing that the police had in fact verified the accused's alibi.

[prepared by Moheb Tewfik, class of 2008]

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