Crown Disclosure in an Ontario Criminal Case

OTTAWA CRIMINAL DEFENCE LAWYER – A “disclosure” is the evidence (usually documents) which supports the criminal charges against you. The crown must gove complete disclosure to your criminal defence lawyer.

This disclosure must contain all the facts of the case that have come to the attention of the police or the crown, whether or not they hurt the crown’s case.

1.      If the Crown has to give  disclosure, do I as the accused have to give disclosure to the police?

No. While the preparation of a disclosure is a necessary step for the Crown, the accused in the case is not in any way obligated share any info with the crown or the police.

2.      Is the crown also obligated to provide me with a copy of the disclosure? When can I get it, and do I have to pay a fee?

Yes, the disclosure will be provided to your criminal defence lawyer. The Crown must make a copy to give to the accused, and must also pay any expenses for that redistribution. You are entitled to receive this before your criminal trial, and before you are asked to plead either guilty or not guilty.

3.      I believe something is missing from the disclosure that has been prepared in my case.

Your right to a complete disclosure is protected under the Charter of Rights and Freedoms. If something has been left out, discuss it privately with your lawyer – there are a number of options you can pursue for setting the record straight, and you could even have your case dismissed from criminal court.

Have you been charged with an Ontario criminal offence and have doubts about your case disclosure? A top criminal lawyer can help you understand the disclosure process and how to use it in your favour. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Crown Attorney Abandons Sexual Assault Case

Richard was co-counsel on a jury trial for sexual assault, involving significant pre-trial work up and investigation to obtain records and other evidence to discredit the complainant. Based largely on Richard’s pre-trial preparation, senior counsel was able to discredit the complainant at the beginning of the trial. The Crown attorney abandoned the prosecution shortly after the trial started. Location: Toronto, Ontario.