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What You Need To Know About Disclosure in Canada

A disclosure package is given to any individual charged with a criminal offence in Canada to inform that individual of the case to be met in order for the same individual to make full answer for defence.

Generally speaking, the Crown is obligated to disclose all information and control it has on the case with the exception of instances wherein those information are not relevant or when they are subject to privilege.

Inclusions in a Disclosure Package in Canada

Due to the importance of disclosure information in forming defence for the accused, the following are the typical items found in a Canadian disclosure package:

  • A synopsis consisting of the summary of allegations for the Accused
  • Statements provided by the Accused in videotaped, written, or audiotaped format
  • Statements provided by civilian witnesses in videotaped, written, or audiotaped format
  • The Accused’s criminal record
  • Memorandum notes by police officers
  • Copies of related court orders such as Probation Order, Recognizance of Bail, and the like
  • Applicable documentary evidence such as banking records, Expert Reports, and surveillance video

Important Details about Disclosure in Canada

It should be noted that the initial disclosure package need not necessarily include all the details that the Crown is obligated to disclose, and thus, important details might be missed if a case was handled by an inexperienced lawyer.

An experienced criminal lawyer is your best bet in making sure that you’ll have all the information you need to formulate a good defence, more so in cases where missing out on one key detail can mean a huge difference in a case’s outcome.

Drinking and Driving cases such as Impaired Care and Control, Excess Blood Alcohol, Impaired Operation, and Refusal to Provide a Breath Sample are cases that heavily rely on machinery and tools that may not reflect the truth. It is important to be able to scrutinize how the data were obtained and what they truly mean. Remember, success in defending criminal cases rests largely on how much information you have.

Need to talk to a Criminal Lawyer in Toronto to help you understand Disclosure further? Calvin Barry is no stranger to Drinking and Driving cases and related charges. Contact Calvin Barry Law today!

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