What disclosure can contain
Disclosure may include police reports, witness statements, photographs, video, audio, expert material, records of exhibits and other relevant information. The package varies dramatically by case. Some material may arrive later as the investigation continues or technical evidence is processed.
The Provincial Court explains that the prosecutor must disclose relevant information gathered in the investigation so the accused can fully defend against the charge.
Disclosure should be provided early
Provincial Court Criminal Caseflow Management Rule 6 provides that disclosure required by law should be given at the initial appearance or as soon as practicable afterward. See the Court’s current disclosure rule.
Early disclosure does not always mean the first package is complete. Defence counsel may identify missing items and make follow-up requests.
Read disclosure with the elements of the charge in mind
The question is not merely whether something in the package looks bad. The evidence must be assessed against each legal element the Crown must prove, admissibility rules, reliability and available defences.
Statements attributed to the accused, identification evidence, search issues, digital evidence and expert opinions may require particular scrutiny.
Protect disclosure and follow restrictions
Disclosure can contain private information about complainants, witnesses and third parties. It should not be posted online or circulated casually. Some material may be subject to specific access or use restrictions. Follow counsel’s instructions and any undertakings or court orders.
Do not plead simply because disclosure is long
The volume of material does not determine guilt. Conversely, an apparently thin package can still contain strong admissible evidence. A plea decision should follow a legal assessment of the charge, evidence, possible Charter issues, resolution positions and sentencing consequences.
Related criminal-process guides
See first court appearance, bail conditions, peace bonds and no-contact orders, and sentencing.
Questions people often ask
Is disclosure the same as evidence at trial?
No. Disclosure includes information provided to the defence; not every item will necessarily be admissible or used at trial.
What if something is missing?
Defence can identify the missing material and seek further disclosure. The court can give directions where disclosure issues arise.
Can I send disclosure to friends?
Do not circulate disclosure casually. Privacy interests, undertakings and court restrictions may apply.