Anaya Nolan
In Canada, disclosure in criminal law refers to the exchange of information between parties to prepare for legal proceedings. It is typically referred to as a disclosure package or police investigation file provided by the Crown to the accused or their lawyer. This package includes the charge, police notes, witness statements, and other information gathered during the investigation. Disclosure is crucial as it outlines the allegations and the basis for criminal charges, allowing lawyers to advise on potential defences and evidentiary issues. The Crown has a legal obligation to disclose all relevant information, including inculpatory and exculpatory evidence, to ensure the accused can answer and defend themselves. The right to disclosure is constitutionally protected, and the Crown's obligation is ongoing, extending beyond conviction and appeals.
| Characteristics | Values |
|---|---|
| What is disclosure? | The package containing the Crown's evidence against you. |
| When is disclosure provided? | Typically during the accused person's first court appearance. |
| What does disclosure include? | Record of arrest, video footage, synopsis of allegations, police notes, witness statements, inculpatory and exculpatory materials, etc. |
| Who should you contact for disclosure? | The Crown Prosecutor's office. |
| What if the accused is not before a Canadian court? | There is no obligation to provide full disclosure. However, a brief summary of the case may be provided to counsel. |
| What if the accused is unrepresented? | Crown counsel should advise the accused of their right to disclosure. |
| What is the Crown's disclosure obligation? | A continuing obligation to provide information that comes into the possession of Crown counsel throughout the process and even after conviction. |
| What is the role of the defence? | To particularize any further disclosure requests. |
| What is the role of counsel? | To exercise good judgment and consult with senior managing lawyers to assess what should and should not be disclosed. |
| What is first-party disclosure? | N/A |
| What is third-party disclosure? | N/A |
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What You'll Learn
Disclosure package
In criminal law, "disclosure" refers to the process and rules governing the exchange of information between parties to prepare for legal proceedings. In court, the term "disclosure" typically refers to the "disclosure package" or "police investigation file" provided by the Crown to the accused or their lawyer. This package contains the Crown's evidence against the accused, including the charge, police notes, witness statements, pictures, recordings, and other information gathered during the investigation.
The Crown has a legal obligation to provide full and complete disclosure to the accused, as ruled by the Supreme Court of Canada in R v Stinchcombe. This means that the prosecution must give the accused access to every piece of evidence it intends to use, allowing them to understand the basis of their case and prepare a defence. The disclosure package may also include the Crown Screening Form, which outlines how the Crown plans to deal with the charges.
To obtain a disclosure package, a request must be made to the Crown's office. If the charges are under federal jurisdiction, the office of the Federal Crown Prosecutor should be contacted; otherwise, most criminal charges fall under the Provincial Crown Prosecutor's office. It is recommended to seek legal assistance as soon as possible, even before the first court appearance, as a lawyer can help obtain and review the disclosure package, providing advice on potential defences and evidentiary issues.
Disclosure is crucial as it sets out the allegations and the basis for criminal charges. It is important to carefully review the disclosure package before the first court appearance to understand the case and any potential issues with non-disclosure or delays. An experienced lawyer will know the specific type of disclosure required and can guide the accused through the criminal justice system.
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Crown's duty to disclose
In Canada, "disclosure" in criminal law refers to the process and rules governing the exchange of information between the parties to prepare for legal proceedings. The Crown has a legal obligation to disclose all relevant information to an accused person. This is to ensure that the accused has the constitutional right to make a full answer and defence to any criminal or quasi-criminal allegations made against them.
The Crown's duty to disclose was established in the 1991 Supreme Court of Canada case R. v. Stinchcombe. The Court ruled that Crown counsel had a duty to provide all evidence that could possibly be relevant to the defence as soon as possible, regardless of whether the Crown intends to use that evidence in the criminal trial. This includes evidence that may help or hurt the Crown's case. The Crown must also ensure the preservation of evidence.
The investigative agency has a duty to disclose to Crown counsel, without prompting, all relevant information uncovered during the investigation of a crime, including information that assists the accused. The Crown must then disclose this information to the accused, and the police have a corresponding duty to provide disclosure to the Crown. The Crown's obligation to disclose begins the moment criminal charges are laid by the police and continues through the trial and appeals processes.
The Crown is not required to disclose information that is not relevant, that is protected by privilege, or that is recognised by common law as an exception to the duty to disclose. The Crown also does not have a duty to disclose records in the possession of a third party, even if the Crown has physical possession of those records. However, if the Crown is aware of potentially relevant information in the hands of a third party, it has a duty to make reasonable inquiries to that third party.
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Accused's right to disclosure
Disclosure in Canadian criminal law refers to the process and rules governing the exchange of information between the parties to prepare for legal proceedings. The accused has the right to disclosure, which is considered a fundamental component of the Canadian justice system. This right flows from s.7 of the Canadian Charter of Rights and Freedoms, which guarantees the right to life, liberty, and security of the person.
The accused's right to disclosure ensures they have access to all relevant information in the possession or control of the Crown, including evidence suggesting guilt or innocence, witness statements, police notes, and other relevant details. This information is crucial for the accused to understand the allegations against them and prepare a full and fair defence.
The Crown has a legal obligation to provide disclosure to the accused, as established in the landmark case R v Stinchcombe. The Supreme Court of Canada ruled that the accused has a constitutional right to full and complete disclosure of the Crown's case. However, this obligation is not absolute and is subject to the Crown's discretion regarding timing and withholding sensitive information for valid purposes, such as protecting informants or national security.
To obtain disclosure, the accused or their lawyer can make a request to the Crown's office. Disclosure typically occurs during the accused's first court appearance, but it can also be obtained through a written request. If the Crown fails to provide disclosure, the accused's lawyer can seek remedies.
Overall, the accused's right to disclosure is essential to ensuring a fair and just legal process, allowing them to adequately defend themselves and respond to the allegations made against them.
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Types of disclosure
In criminal law, "disclosure" refers to the exchange of information between parties to prepare for legal proceedings. In Canada, disclosure is a fundamental component of the justice system, balancing the rights of the accused with the public interest in a fair and just legal process.
The Crown has a duty to disclose all evidence in its possession that is relevant to the accused's case, including inculpatory and exculpatory information. This includes information that may assist the accused in their defence. However, the Crown can withhold certain types of information, such as irrelevant or privileged information, confidential sources, and ongoing investigations.
The accused does not have an equivalent obligation to disclose information like the Crown Prosecutor. However, there are instances where the accused may be required by law to disclose information to the Crown and the Court. This includes information held by a third party that may be needed for the case, which can be obtained through a separate application.
Disclosure may be exempt in certain situations, particularly relating to law enforcement investigations and security of penal institutions. Institutions may withhold information if disclosure could reasonably be expected to harm a lawful investigation, facilitate the commission of an offence, or disclose investigative techniques.
A disclosure package, or police investigation file, is provided by the Crown to the accused or their lawyer. This package typically includes the charge, police notes, witness statements, and other information gathered during the investigation, such as pictures, recordings, and weapons. It is important for the accused and their lawyer to review the disclosure package to prepare a defence and make informed decisions about their plea.
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Disclosure and ongoing investigations
Disclosure is a critical aspect of criminal law in Canada, encompassing the exchange of information between parties to prepare for legal proceedings. The Crown has a legal obligation to disclose all relevant information to the accused, including inculpatory and exculpatory evidence. This disclosure is typically provided during the accused's first court appearance and includes various details such as the record of arrest, witness statements, and other information gathered during the investigation.
In the context of ongoing investigations, the Crown may occasionally delay disclosure to protect the integrity of the investigation or ensure witness safety. However, such delays must be justified in court, and the Crown's duty to disclose remains continuous throughout the legal process. The disclosure process is designed to uphold the constitutional rights of the accused, as recognised by the Supreme Court of Canada, specifically the right to a full answer and defence against any criminal or quasi-criminal allegations.
The disclosure package plays a pivotal role in ongoing investigations, containing evidence that may impact the case's trajectory. It is subject to vetting by the police or the Crown, who can redact or withhold certain information. For instance, they may omit details that are irrelevant to the defence, privileged, or confidential to protect a source's safety.
The involvement of a criminal lawyer is highly beneficial in navigating disclosure during ongoing investigations. Lawyers can ensure the Crown provides all relevant evidence, scrutinise the disclosure package to identify strengths and weaknesses in the case, and explore potential legal defences. They also play a crucial role in requesting full disclosure and filing motions to compel the Crown to provide any missing or incomplete information.
It is important to note that the accused's statements during police questioning should be included in the disclosure package. Additionally, the defence has the onus of making specific disclosure requests, particularly when seeking records held by third parties. Overall, the disclosure process in Canada is designed to facilitate a fair and transparent exchange of information, even amid ongoing investigations, to safeguard the rights of the accused.
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Frequently asked questions
Disclosure is a package containing the Crown's evidence against you. It includes a record of arrest, video footage, police notes, witness statements, and other information gathered during the investigation.
The disclosure package includes any statements or remarks made during police questioning, as well as any evidence that may help prove your innocence.
Initial disclosure is typically provided to an accused person during their first court appearance, but it can be provided earlier through a lawyer.
