Recorded on January 17, 2025, 85 min

In reviewing disclosure, it is often easy to identify the evidence that the police failed to secure that is by the time of the charge either lost or destroyed. The difficulty is convincing a trial court that it matters. Join Jennifer Ruttan as she explains the potential arguments and the guiding case law that can be advanced to persuade a trial judge to care about the lost or destroyed evidence and to impose the appropriate remedy which may include a stay of proceedings, exclusion of evidence, or affording other evidence little weight.