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The Crown has a legal obligation to disclose all relevant information to an accused person. In R v Stinchcombe, the Supreme Court of Canada held that accused individuals have the constitutional right to full and complete disclosure of the Crown’s case.
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The Crown’s obligation to disclose is not absolute: only relevant information need be disclosed, and information which is relevant to the defence may be withheld on the basis of the existence of a legal privilege. Footnote 47
Rules of Civil Procedure Chapters, Discovery, Rule 30.04-30.11 - Discovery of Documents, 1st ed, 2021 CanLIIDocs 2021. This work is licenced under the CanLII user licence which includes the right of the User to make copies of the work for legal research purposes, in the practice of law or in the exercise of their legal rights.
The legal term for your right to know about this evidence is “disclosure.” Under the law, the Crown prosecutor must give you a copy of all the relevant evidence against you before the date of your trial. Relevant evidence means anything that you could use to defend yourself.
- Things You Or Your Legal Team Can Review in Your Disclosure
- Can The Police Or The Crown Bring New Evidence Or Witness to Court?
- How Can You Obtain A Disclosure About Your Case?
- How Can Retaining A Criminal Defence Lawyer Help You with Your Case?
- About Slaferek Callihoo
Apart from minor limitations, you can request to review all the relevant evidence (whether inculpatory or exculpatory) as your constitutionally protected right. It means that you have the right to review your disclosure about your alleged crime before your first court appearance. This can include reviewing vital matters, like the police report and ...
If you’re wondering whether the police or the Crown Prosecutor can bring a piece of fresh evidence or witness to court, which they haven’t informed you about, then the answer is simply no. Anything they intend to present in front of justice, they need to show to you or your attorney. Technically, disclosure is the government’s property, which your ...
You can receive your disclosure from the Crown Prosecutor’s office. It’s worth noting here that obtaining disclosure from the Crown’s office is your responsibility, and you cannot get it automatically or without applying for it. Typically, you or your attorney can receive your disclosure with the assistance of a duty counsel during your first court...
When you retain a criminal defence lawyer, they will obtain your disclosure for you. Receiving your disclosure at the early stages of your criminal case will help your attorney prepare your legal issue. That’s why it’s best to approach a dedicated criminal lawyer to assist you in getting immediate help even before your first appearance in court.
Slaferek Callihoo is an experienced criminal defence law company based in Edmonton, Alberta. Our highly skilled criminal lawyers will obtain your disclosure at the earliest and review it thoroughly and offer the best course of action on how to move on with your case. Visit our website to learn more about our legal team or contact usfor expert legal...
How to Proceed When Facing Demands for Legal Documents. Family law litigation involving one or both spouses’ family members is becoming more common. Unfortunately, until recently, document disclosure in this context had not been considered by the court (or at least there were no reported decisions). However, recently in Etemadi v Maali, 2021 ...
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Apr 6, 2016 · When we say “backdating” what we usually mean is executing a document and then dating it with an earlier date than the actual date of execution, with the intention that it should be treated as giving rise to legal rights before the actual date.
