If you’ve been charged with a criminal offence, one of the most important things to understand is your right to disclosure.
Disclosure is the process by which the prosecution (referred to as “the Crown” in Canada) provides you with all the evidence they have gathered in relation to your case. Whether you’re representing yourself or have a lawyer, knowing what disclosure is and what to expect can greatly impact how you build your defence.
What Are My Rights to Disclosure?
As someone facing criminal charges, you have a constitutional right to disclosure. This right is grounded in Section 7 of the Canadian Charter of Rights and Freedoms, which guarantees the right to a fair trial.
The Crown has a duty to disclose any relevant information or evidence that could impact your case, whether that information helps or hurts their argument. This duty to disclose exists to ensure that you can make full answer and defence against the charges.
Your right to disclosure is meant to enable you to know the case you must meet (i.e., defend) before you go to trial. Without it, defending yourself would be like trying to solve a puzzle without all the pieces.
How Do I Obtain My Disclosure?
The Crown must provide disclosure once charges are laid against you. Typically, you do not need to ask for it—the Crown is required to give it to your criminal lawyer or to you directly if you are representing yourself. However, you (or your criminal lawyer) may need to follow up if the disclosure is incomplete or delayed. It’s important to review this material as soon as you receive it to ensure you have everything you need to prepare your defence.
In some cases, the Crown might delay disclosure due to ongoing investigations or concerns about witness safety. If this happens, they are obligated to justify the delay in court.
What Is Typically Included in the Disclosure Package?
The disclosure package can contain a wide range of materials, including but not limited to:
- Police Reports: Summaries of the investigation and any actions taken by law enforcement officers.
- Witness Statements: Transcripts or recordings of statements made by individuals who have information about the case.
- Physical Evidence: Photos, videos, or other tangible evidence collected during the investigation.
- Forensic Reports: This could include DNA evidence, fingerprints, or ballistics reports, depending on the nature of the case.
- Accused’s Statements: If you made any statements to the police, these should be included in the disclosure package.
You should be aware that the Crown is required to disclose both inculpatory evidence (suggesting guilt) and exculpatory evidence (which could support your innocence). Any evidence relevant to your defence must be provided, even if the Crown does not plan to use it in court.
What Information Is Not Included in a Disclosure Package?
While the Crown is obligated to provide you with all relevant evidence, not every piece of information is included in disclosure. Some examples of what may not be disclosed are:
- Irrelevant Evidence: The Crown does not need to disclose materials that have no connection to the case or that won’t help the prosecution or defence.
- Privileged Information: This includes anything protected by legal privileges, like communications between the Crown and their legal counsel or confidential police methods.
- Confidential Informants: Information that might disclose the identity of a confidential informant can be withheld to ensure their safety.
- Active Investigations: In certain rare circumstances, the Crown may postpone disclosure to safeguard an ongoing investigation or protect a witness, but this must be justified before the court.
It’s also important to note that the police or Crown may “vet” certain documents, meaning they can redact (black out) sensitive information that isn’t relevant to your defence.
What a Criminal Lawyer Can Do to Help
Although you can obtain disclosure without a criminal lawyer, having one can make a significant difference in how effectively you use the information. Here’s how a criminal defence lawyer can help:
- Ensure Full Disclosure: Your lawyer will ensure that the Crown has provided all the necessary evidence and will request additional information if something seems missing. Sometimes, a criminal lawyer will file motions in court to compel the Crown to release further evidence if it’s not initially provided.
- Assess the Evidence: Criminal lawyers are trained to analyze disclosure materials critically. They can help identify any inconsistencies, weaknesses, or potential gaps in the prosecution’s case. This is crucial for building your defence strategy.
- Strategize: With the evidence in hand, your criminal lawyer can develop a strategy tailored to your specific situation. They might find grounds to argue for dismissing charges, challenging the admissibility of evidence, or negotiating a plea bargain.
Have You Been Charged with a Criminal Offence?
An experienced criminal defence lawyer is essential when facing criminal charges. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.
Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer
Don’t hesitate to reach out to us if you have been charged with a criminal offence. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.