Criminal Disclosure

As a criminal lawyer based in Windsor, Ontario, Christina Loebach helps persons charged with Canadian criminal offences. This blog post discusses disclosure, which is one of the recommended first steps for someone charged with a criminal offence in Canada.

What is Disclosure?

Disclosure refers to the exchange of information related to a criminal case. The Crown has a legal duty to disclose all relevant information to the defence. Disclosure is essential, as it provides details about the case against the accused. A failure to fully produce disclosure impairs the accused’s constitutional right to make full answer in defence.

A disclosure package is documents related to the accused’s criminal case collected by the Crown Attorney’s Office and the police. All materials and information in the possession or control of the Crown that is not clearly irrelevant must be disclosed to the accused. However, there is no reciprocal obligation upon the accused to disclose anything prior to trial. 

A disclosure package may include the Crown Screening Form, which provides information on how the Crown intends to proceed with the charges. This generally includes the kind of sentence the Crown will ask for, whether some charges will be dropped if the accused pleads guilty early, and if the accused has been approved for diversion. It also may include items such as investigating police officer notes, recordings, photographs, or even physical evidence such as weapons. All statements obtained from persons who have provided relevant information to the authorities should be produced. Where statements are not in existence, other relevant information such as notes should be provided.

Requesting Disclosure

A disclosure request must be made to the Crown Attorney’s office. For federal offences, such as charges under the Controlled Drugs and Substances Act, a request must be made to the Federal Crown Prosecutor. Otherwise, the disclosure request is typically made to the provincial Crown Attorney’s office where the accused has been charged. If you retain a criminal lawyer, they will request disclosure on your behalf. It generally takes several weeks to receive disclosure once the request has been made, though time frames may vary depending on the caseload of the Crown Attorney assigned to your case.

Having a criminal record may have a serious and lasting impact on many aspects of your life, including but not limited to employment, travel, immigration, and renting a home. If you are dealing with criminal charges in Windsor, schedule a consultation with Christina.