An accused’s right to make full answer and defence is not automatically breached every time he or she is deprived of relevant information. Rather, as the Supreme Court stated in R. v. La (1997), 116 C.C.C. (3d) 97 at paras. 24 and 25, where the Crown has met its duty of explaining the circumstances of the loss of any missing evidence, in order to make out a breach of s. 7 on the ground of lost evidence, “the accused must establish actual prejudice to his or her right to make full answer and defence.”

This statement was made in the context of lost preliminary inquiry tape. See R. v. J.P.