Crown Disclosure
Crown disclosure is the constitutionally mandated transfer of evidence from the prosecution to the defence in a criminal case. The leading case is R v Stinchcombe, 1991, in which the Supreme Court of Canada held that the Crown has an ongoing obligation to disclose all relevant information in its possession — both inculpatory and exculpatory — subject only to narrow privilege exceptions.
The right to disclosure is rooted in the section 7 Charter right to make full answers and defence. Without disclosure, an accused cannot meaningfully challenge the Crown's case, identify defences, or evaluate resolution options.
What's included in disclosure
Disclosure typically includes: police officer notes and synopses; witness statements and audio/video recordings of interviews; surveillance video, body-worn camera footage, and 911 recordings; forensic and expert reports — toxicology, DNA, ballistics, digital extractions; search warrant applications and the underlying Information to Obtain (ITO); the accused's own statements to police; and disclosure logs identifying any withheld material and the basis for non-disclosure.
Limits on disclosure
Some categories of information are exempt from Stinchcombe disclosure: clearly irrelevant material, ongoing-investigation information, witness-safety concerns, and privileged communications (including informer privilege). For records held by third parties — therapy records, school files — the defence must apply under the O'Connor (or, in sexual offence cases, the Mills) regime.
Late or inadequate disclosure
The Crown's disclosure obligation is ongoing — relevant information uncovered later must be turned over as soon as practicable. Where disclosure is materially late, defective, or missing, the defence can seek remedies including evidentiary exclusions, adjournments, costs, or, in extreme cases, a stay of proceedings under section 24(1) of the Charter.
How disclosure shapes the defence
A careful disclosure review is the foundation of any criminal defence. It shows what the Crown can prove, where the gaps are, and which witnesses are most vulnerable on cross-examination. The lawyers at Mass Tsang LLP review disclosure in detail before forming a defence strategy or engaging in resolution discussions. For an introduction to how evidence is handled in Canadian trials, see our blog post on evidence in criminal trials.
Related glossary terms
