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| Patrick Ducharme |
Where the court is satisfied that particulars are necessary for a fair trial, the prosecutor will be ordered to furnish particulars. In determining whether a particular is required the court may consider any evidence that has been taken.
587(1): A court may, where it is satisfied that it is necessary for a fair trial, order the prosecutor to furnish particulars and, without restricting the generality of the foregoing, may order the prosecutor to furnish particulars
(a) of what is relied on in support of a charge of perjury, the making of a false oath or of a false statement, fabricating evidence or counseling the commission of any of those offences;
(b) of any false pretense or fraud that is alleged;
(c) of any alleged attempt or conspiracy by fraudulent means;
(d) setting out the passages in a book, pamphlet, newspaper or other printing or writing that are relied on in support of a charge of selling or exhibiting an obscene book, pamphlet, newspaper, printing or writing;
(e) further describing any writing or words that are the subject of a charge;
(f) further describing the means by which an offence is alleged to have been committed; or
(g) further describing a person, place or thing referred to in an indictment.
(2) Regard to evidence — For the purpose of determining whether or not a particular is required, the court may give consideration to any evidence that has been taken.
(3) Particular — Where a particular is delivered pursuant to this section,
(a) a copy shall be given without charge to the accused or his counsel,
(b) the particular shall be entered in the record, and
(c) the trial shall proceed in all respects as if the indictment had been amended to conform with the particular.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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