Convicting someone of a crime is serious, and just because someone commits an offence does not mean they lose their rights. That is why the accused person has certain fundamental rights, rights that must be respected throughout the judicial process. Among these rights is the right to disclosure of evidence adduced against the accused by the prosecution.
It was in Stinchcombe that the Supreme Court of Canada recognized the Crown’s obligation to disclose to the accused all relevant Information, that is, the non-disclosure of which could reasonably be expected to impair that person’s right to make full answer and defence, a right recognized by the Charter of Human Rights and Freedoms.
This is an ongoing obligation, meaning that evidence will have to be disclosed as it is received by the prosecution. Since relevance is presumed, the prosecution will have to show cause why it should not disclose something it considers irrelevant.
What constitutes evidence?
Evidence may include, but is not limited to, the following:
- Reports, notes and other written documents, including the charge document and details of the offence;
- List of witnesses;
- Audio and video recordings;
- Photographs;
- Statements of witnesses and the accused;
- Exhibits;
- Criminal records of the accused and witnesses;
- Any other relevant information.
Exceptions
The right to disclosure of evidence is fundamental, and its violation may lead to the exclusion of evidence or even a stay of proceedings. However, there are exceptions to this principle.
Confidential or privileged information
The prosecution must not disclose any confidential or privileged information.
Examples of privileged information will be exchanges between a client and his or her lawyer, which are covered by solicitor-client privilege.
With respect to confidential information, examples of documents that will be deemed to be intimately related to private life and that will not be disclosed.
A victim’s personal information
In prosecutions involving sexual offences, the prosecution cannot disclose to the accused a record containing the victim’s personal information for which there is a reasonable expectation of privacy.
A reasonable expectation means that a reasonable and well-informed person in the same situation would expect his or her privacy to be respected. It will depend on the context. This personal information may only be disclosed if the victim consents to it or if the court deems that disclosure is necessary and in the interests of justice. It will be a matter of balancing the accused’s right to make full answer and defence with the victims’ right to privacy.
Disclosure is a fundamental pillar of criminal law in Canada, ensuring that every accused has the opportunity to defend himself or herself effectively and fairly. To ensure that your right to a full answer and defence is maintained, do not hesitate to contact Lambert Avocats. We are here to defend your rights and guide you through the complexities of the court system.