If you have been charged with a criminal offence, you have the right to know the case being made against you. One of the most important aspects of defending yourself is receiving the disclosure package from the Crown, which contains the evidence that will be used at trial.
Understanding Your Right to Disclosure
As someone accused of a crime, you are entitled to see the evidence that the Crown intends to use against you. This right is guaranteed by Section 7 of the Canadian Charter of Rights and Freedoms. The Crown must provide you with all relevant evidence, whether it supports or contradicts your guilt. This is essential for ensuring a fair trial.
The key principles behind the right to disclosure are:
- Full answer and defence: You need access to all relevant information to defend yourself effectively.
- Fair play: Disclosure ensures that the legal process is transparent and that the accused is not taken by surprise at trial.
How to Obtain Your Disclosure
Your disclosure is provided after the Crown formally lays charges against you. In many cases, the Crown will automatically provide it to your criminal lawyer or to you directly if you are representing yourself. However, in some situations, you may need to request it.
To ensure you receive the full disclosure, you or your criminal lawyer should formally request the material if it’s not provided promptly.
Once the disclosure request is made, the Crown is obligated to provide all materials related to your case that could be relevant.
Essential Information Found in the Disclosure Package
A disclosure package typically contains all the information the police and Crown have gathered about your case. This may include:
- Police Reports: Summaries of the investigation, including statements from witnesses, the accused, and the victim.
- Witness Statements: Recorded statements or written summaries from individuals interviewed by police.
- Physical Evidence: Any surveillance footage, recorded interviews, or other audio/video materials relevant to the case.
- Forensic Evidence: If applicable, results from forensic tests like DNA, fingerprints, or blood alcohol level tests.
- Accused’s Statements: Any remarks or statements you made during police questioning should be included in your disclosure package.
It’s important to know that the Crown must disclose both inculpatory (evidence pointing to your guilt) and exculpatory (evidence that may help prove your innocence) materials. Even evidence that the Crown does not intend to use at trial must be included if it is relevant to your defence.
Exceptions: Information that is Not Included in the Disclosure Package
Although you are entitled to see all of the relevant evidence against you, there are limitations. The Crown can withhold certain types of information, including:
- Irrelevant Information: Material can be excluded if it has no bearing on your case.
- Privileged Information: Some documents, like communications protected by solicitor-client privilege, will not be disclosed.
- Confidential Sources: Information that could reveal the identity of a confidential informant may be withheld to protect the source’s safety.
- Ongoing Investigations: In rare cases, the Crown may delay disclosure to protect an ongoing investigation or witness safety, but this delay must be justified in court.
It’s worth noting that the police or Crown have the authority to ‘vet’ documents, meaning they may remove or black out sensitive details that don’t pertain to your defence.
How a Criminal Lawyer Can Help
Having a criminal lawyer by your side can significantly improve your ability to obtain and use disclosure effectively. Here’s how a criminal lawyer can help:
- Requesting Full Disclosure: Your lawyer will ensure that the Crown provides all the relevant evidence. If any material is missing or incomplete, your criminal lawyer can file a motion to compel full disclosure.
- Reviewing the Evidence: A criminal lawyer will carefully review the disclosure package to identify strengths and weaknesses in the Crown’s case and look for any legal defences that may apply to you.
- Formulate a Plan: Once your criminal lawyer has reviewed the evidence, they can create a strategy that fits your unique circumstances. This could involve seeking to have charges dropped, disputing the admissibility of evidence, or negotiating a plea agreement.
Don’t Face Your Criminal Charge Alone
An experienced criminal defence lawyer is vital when dealing with a criminal charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been accused of a criminal offence. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.