disclosure Archives |

Crown Disclosure. The Crown’s evidence against you.

Crown Disclosure Definition

Crown Disclosure refers to all materials the Crown will use against the accused in criminal proceedings, and usually consists of a package which includes several paper documents. Among the documents, individuals may find: police officers’ notes, witness statements, a copy of their CPIC (criminal record), and a screening form. A screening form is a form the Crown completes, which briefly details the charges against the accused, and the punishment the Crown will seek.

Disclosure is not limited to paper copies of evidence, and can come in video, audio, or photograph form.

Why is getting disclosure important?

Receiving all disclosure related to an ongoing criminal matter is important for a variety of reasons. A person can best face the charges against them if they can access all the information the Crown will be using to prosecute them. Furthermore, it is an individual’s constitutional right to receive their disclosure. It is therefore the Crown’s duty to provide the disclosure.

This is an actual copy of a letter the Crown attaches to crown disclosure.

A Lawyer’s Role

A lawyer has several roles related to disclosure.

Crown disclosure often comes in stages over the course of a few weeks. It is not always complete or ready to be distributed to the accused by the time the accused’s first court appearance is scheduled. If an individual retains a lawyer, the lawyer will review the disclosure to see if there is missing information, and based on his or her findings, request that the Crown provide what is missing.

The lawyer will also review the Crown disclosure to understand the case against the accused. Lawyers examine the disclosure to determine whether the process of obtaining evidence was fair to the accused, and that the accused’s rights were respected throughout any investigation. Finally, and most importantly, lawyers review the disclosure with the accused individual, to ensure that the individual knows about all aspects of the case against them, and that all of the individual’s questions are answered.

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Law Facts

Smordin Law Criminal Lawyers
41 King William St. #200
Hamilton, ON
L8R 1A2
Tel: 1 (905) 525-0005
Toll Free: 1 (844) 525-0005
Fax: 1 (905) 525-5716
www.smordinlaw.com

Criminal Disclosure. Crown hiding evidence?

An ongoing criminal matter in Ottawa is bringing up questions about the Crown Attorney’s duty to provide criminal disclosure. A decorated Afghanistan war veteran, Collin Fitzgerald, will soon be going to trial to fight a charge of breach of recognizance. Fitzgerald was on bail and one of the conditions was that he remain at his parent’s house. In July, 2014 there was a fire at his home in Iroquois, Ontario. Neighbours took pictures of the blaze and turned the pictures over to the police. The police identified Fitzgerald in these pictures and charged him with a breach. According to the neighbours, they did not identify Fitzgerald in the pictures and three of them gave statements to police saying that it was not Fitzgerald in the pictures. With Fitzgerald going to trial to fight the breach charge, the witnesses are asking why their statements to police seem to have disappeared. The statements were not part of the disclosure packet that was given to Fitzgerald’s lawyer.

Criminal Disclosure Decision

In the landmark decision R v. Stinchcombe (1991), the Supreme Court of Canada ruled that the Crown has a legal duty to disclose all relevant criminal disclosure to the defence. All relevant information whether inculpatory or exculpatory has to be provided to the accused, as soon as possible. The Crown can still claim privilege and doesn’t have to disclose anything that is clearly irrelevant. The basis of this rule is the right for the accused to make full answer and defence which is enshrined in section 7 of the Charter of Rights and Freedoms.

Smordin Law Approach

When a new client comes to our firm, the first thing we do is request disclosure. Ideally, this disclosure is available for the lawyer to pick up at the first court appearance (although it can sometimes take longer). Then a lawyer will go through the disclosure to see if there is any important information missing. If there is, they will request additional/particular criminal disclosure from the Crown. It’s an essential part of your defence so it’s important to have a lawyer who knows what to look for.

The Fitzgerald case will not be resolved until December but it emphasizes the importance of the Crown’s duty to disclose and of the defence’s role in making sure that full criminal disclosure has occurred.