1. Disclosure in Cartel Cases in Canada
W. Michael G. Osborne
Affleck Greene McMurtry LLP

2. Overview Canadian disclosure rules in criminal cases
Recent developments in disclosure law
Implications of disclosure for investigative procedures
Other forms of disclosure available to targets of inquiries
Information sharing

3. Canadian disclosure rules in criminal cases
Criminal procedures apply to cartel offences
“All relevant information” must be disclosed (R v Stinchcombe - SCC)
Both inculpatory and exculpatory evidence
But identity of CIs and privileged material
Accused does not have disclosure obligations

4. Recent developments in disclosure law
Disclosure of notes from proffer:
Factual information from immunity/leniency applicant not privileged; subject to disclosure (R v Nestle)
Disclosure to plaintiffs in private actions:
Wiretap evidence disclosed to accused ordered produced (Imperial Oil v Jacques - SCC)
Documents and information CCB obtains from third parties protected by public interest privilege (Pro-Sys v Microsoft)
Can CCB officer be examined for discovery? (AG v Thouin – on appeal to SCC)

5. Other forms of disclosure available to targets of inquiries
Two useful sources:
Information to Obtain a search warrant – unsealed after execution
Affidavit in support of s. 11 order application – available once order granted
Right to be present at s. 11 oral examination
Information on inquiry by target (s. 10(2))

6. Information sharing
Competition Act’s confidentiality provision (s. 29):
Allows sharing “for purposes of administration or enforcement”
CCB takes a broad view of this provision
MLAT provisions in CA:
Allow search warrants to assist foreign investigation
CCB has many agreements with sister agencies

7. W. Michael G. Osborne Affleck Greene McMurtry LLP Toronto, Canada