Tony Paisana and Mark Iyengar were counsel for the appellant in a recent, historic decision that will affect the rights of those who have potentially been wrongfully convicted. In Roberts v. British Columbia (Attorney General), 2021 BCCA 346, the Court of Appeal recognized, for the first time ever at an appellate level in Canada, the constitutional right to disclosure in the post-appeal phase of a criminal case. The Court of Appeal established a three-stage threshold for obtaining disclosure in these circumstances.
This decision will mean that those who may have been wrongfully convicted will have a constitutional right to access investigative materials in the hands of the authorities where the threshold is met, and enforce this right in court if disclosure is improperly denied. Further details regarding the judgment and its impact are outlined in this recent Vancouver Sun article.