CRIM 330 Chapter Notes - Chapter 6: New Trial, Adversarial System, Voir Dire
6 Jun 2018
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CRIM 330 - Textbook - Chapter 6
Crown Disclosure
● Disclosure - legalistic word for info/evidence that police gather in criminal investigations,
which Crown gives to accused persons
○ In minor cases, known as “particulars” or “circumstances”
■ Might be given by phone/mailed to defence counsel/discussed b/w Crown
& defence counsel
● Circumstances - typically involve narrative account of facts alleged, any statements
made, & details of accused’s alleged criminal record
○ Crown has access to info & obliged to provide all relevant aspects of it to
accused persons upon request
● Accused has right to disclosure under s.7 of Charter b/c right to make full answer &
defence is “principle of fundamental justice”
● Accused person will typically not make tactical decision in relation to charge against
him/her until received full disclosure from prosecutor
● Disclosure should be made before accused makes election/enters plea
● If accused person unrepresented, trial judges expected not to take plea until satisfied
that Crown has advised accused person of his/her right to disclosure
“Full” Disclosure
● Prior to SCC decision in Stinchcombe (1991), practice of disclosure varied widely
● Unfairness is determinative consideration at common law
● Stinchcombe settled extend of Crown’s obligation to disclose as matter of constitutional
right
● Court’s decision in Stinchcombe influenced by fact that Crown’s failure to disclose
witnesses’ prior inconsistent statements to defence was important factor in wrongful
conviction of Donald Marshall Jr.
● One indication of relevance - whether info would be useful to accused
● If info “can reasonably be used by the accused either in meeting the case for the Crown,
advancing a defence or otherwise in making a decision which may affect the conduct of
the defence such as, for example, whether to call evidence” it is relevant & Crown
should disclose it
● Little legislation in governing Crown disclosure laws in Canada
Police Duty to Disclose to Crown
● Crown can only fulfil full disclosure obligation to accused person if police have corollary
duty “to disclose to the Crown the fruits of the investigation” including any info that might
affect credibility of Crown witnesses
● Crown has obligation to make “reasonable inquiries of other Crown entities and other
third parties, in appropriate cases”
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Disclosure - legalistic word for info/evidence that police gather in criminal investigations, which crown gives to accused persons. In minor cases, known as particulars or circumstances . Might be given by phone/mailed to defence counsel/discussed b/w crown. Circumstances - typically involve narrative account of facts alleged, any statements made, & details of accused"s alleged criminal record. Crown has access to info & obliged to provide all relevant aspects of it to accused persons upon request. Accused has right to disclosure under s. 7 of charter b/c right to make full answer & defence is principle of fundamental justice . Accused person will typically not make tactical decision in relation to charge against him/her until received full disclosure from prosecutor. Disclosure should be made before accused makes election/enters plea. If accused person unrepresented, trial judges expected not to take plea until satisfied that crown has advised accused person of his/her right to disclosure.
