Cory Vallee v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)

(Publication ban in case)


Criminal law - Evidence - Criminal law — Evidence — Vetrovec witnesses — Late disclosure — Given the severe risk they pose of wrongful conviction, should the Court revisit the approach to extreme Vetrovec witnesses — What is the appropriate standard to be used to determine the effect of material mid-trial disclosure?.


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A member of the Bacon Brothers gang was fatally shot and, at the same time, there was a conspiracy amongst members of a rival gang, United Nations, to murder other members of the Bacon Brothers gang. The police charged Mr. Vallee as the shooter and as a member of the conspiracy. Four witnesses, all members of the United Nations gang, testified for the Crown. Mid-trial, Crown counsel disclosed videotapes. The late disclosure breached s. 7 of the Charter of Rights and Freedoms. The trial judge declined to order a stay of proceedings or a mistrial. Mr. Vallee was convicted of first degree murder and conspiracy to commit murder. The Court of Appeal dismissed an appeal.