Who triggers the crown's duty to disclose evidence?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The crown's duty to disclose evidence is primarily triggered by the defence's request for disclosure. This principle is grounded in the understanding that the defence has the right to be informed about the prosecution's case to adequately prepare for trial.

When the defence makes a formal request, it signals to the crown their need for access to evidence that may be relevant to the case. This is crucial for ensuring a fair trial, as it allows the defence an opportunity to challenge the evidence presented by the crown and to prepare their own case effectively.

The crown is obligated to disclose all relevant evidence that is in its possession, regardless of whether it assists the defence or not. This duty is inherent in the prosecution's role in upholding justice and ensuring that the rights of the accused are protected.

While the crown does also have a proactive duty to disclose evidence, particularly significant or exculpatory evidence, this obligation is most clearly triggered by the defence's request. The other choices do not correctly identify the mechanism that begins this process, as they rely on actions or events that do not formally initiate the crown's duty to disclose.

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