Disclosure in criminal and penal matters refers to the legal right of an accused person to receive all evidence related to their case. This includes police reports, witness statements, video footage, forensic evidence, and more.
Proper disclosure ensures fundamental justice by allowing defendants to understand the case against them, prepare a defense, and exercise their rights and freedoms. If disclosure is withheld or incomplete, it can impact the fairness of a trial in a free and democratic society and may even lead to case dismissal.
Table of Contents
- The Critical Role of Disclosure in Criminal Cases
- What Is Disclosure in Criminal Law?
- What Does a Disclosure Package Include?
- Why Is Disclosure Important for Your Defense?
- What Happens If Disclosure Is Delayed or Incomplete?
- How to Ensure You Receive Full Disclosure
- How BW Law Can Help You Fight for Your Rights
The Critical Role of Disclosure in Criminal Cases
If you’ve been charged with a crime, you’re likely feeling overwhelmed. What evidence does the prosecution have against you? Will you be able to see it all? And how can you be sure that critical details aren’t being withheld or manipulated?
Understanding your right to disclosure is the first step in ensuring a fair trial. Without it, you may be at a disadvantage — unable to build a strong defense, including cross-examination, or challenge the case against you.
So, what exactly is disclosure, and why does it matter? Let’s break it down.
What Is Disclosure in Criminal Law?
When facing criminal charges, one of the most crucial rights you have is the right to disclosure — the ability to access all evidence the prosecution holds against you. Without full disclosure, you may be left in the dark, unable to build a strong defense or challenge the case effectively.
According to Anny Wang, a seasoned criminal defense lawyer and Partner at BW Law, “If you have been charged with an offence, you will have the right to receive a disclosure, commonly described as the results (e.g., reports, documentation, media, and more) from the police investigation.”
This means that the prosecution must provide all relevant evidence, allowing the accused to fully understand their case and make informed legal decisions. But what exactly does disclosure entail, and what are your rights when it comes to accessing this information?
The Legal Definition of Disclosure
At its core, disclosure is the prosecution’s duty to share all relevant evidence with the defense. It’s not a courtesy — it’s a fundamental legal right protected under Section 7 of the Canadian Charter of Rights and Freedoms.
Without full disclosure, a fair trial isn’t possible. That’s why the law ensures you have access to the same information the Crown has, so you can properly defend yourself.
The Supreme Court Ruling on Disclosure Rights (R v Stinchcombe)
The Supreme Court of Canada set a key precedent in R v Stinchcombe, ruling that:
- All relevant evidence in the Crown’s possession belongs to the public and must be disclosed.
- The Crown cannot pick and choose what evidence to share.
- The accused has the right to access both incriminating and exculpatory evidence (evidence that could prove innocence).
In short, the prosecution must disclose everything except in rare cases where public safety or ongoing investigations are at risk.
Who Is Responsible for Providing Disclosure?
You might assume the police automatically hand over everything they collect—but that’s not always the case. Here’s who is legally responsible for providing disclosure:
- The Crown Prosecution Service: Must disclose all relevant evidence they possess.
- The Police: Must submit everything they collect to the Crown.
- The Defense Lawyer (or Accused): Must formally request disclosure if it’s missing.
The burden is on the prosecution to justify any delays or withheld evidence. If they fail to do so, it could impact the case against you.
When Should You Expect to Receive Disclosure?
The timing of disclosure can affect your entire defense strategy. While the law requires disclosure as early as possible, there’s no exact deadline. Here’s a general timeline:
- Initial Disclosure: Usually provided soon after charges are laid.
- Full Disclosure: Often released in stages, especially in complex cases.
- Potential Delays: Can occur due to police investigations, administrative backlogs, or legal disputes over sensitive information.
If your disclosure is delayed, you may have legal grounds to challenge the case — especially if missing evidence affects your ability to prepare a defense.
Are There Exceptions to Full Disclosure?
In rare cases, the Crown may legally withhold certain evidence, including:
- Witness safety concerns (e.g., confidential informants in organized crime cases).
- Ongoing investigations (to avoid compromising active police work).
- Privileged information (e.g., lawyer-client communications).
“If your disclosure is withheld or delayed, the Crown must justify that absence or delay.” – Anny Wang, BW Law
Even when exceptions apply, the defense must still be informed that certain evidence exists, even if they can’t access it directly.
What Does a Disclosure Package Include?
“If you have been charged with an offence, you will have the right to receive a disclosure, commonly described as the results (e.g., reports, documentation, media, and more) from the police investigation.” – Anny Wang, BW Law
A full disclosure package should contain the following:
- Police reports detailing the investigation
- Witness statements from victims or bystanders
- Forensic reports (e.g., DNA, fingerprints, toxicology results)
- Surveillance footage or body camera recordings
- Crime scene photos
- Any expert opinions or analyses
However, disclosure is often provided in stages, meaning additional evidence may come later. This is why having a criminal defense lawyer is essential — they can ensure you receive everything you’re legally entitled to.
Why Is Disclosure Important for Your Defense?
Understanding the Strength of the Case Against You
Full disclosure gives your lawyer the ability to dissect the prosecution’s case. This means they can:
- Identify weaknesses in the prosecution’s case (e.g., unreliable witness statements, gaps in forensic evidence).
- Challenge inadmissible evidence, such as improperly obtained confessions.
- Cross-examine witnesses effectively by contrasting their statements with police reports.
For example, if surveillance footage is missing but a witness claims they saw you at the crime scene, your lawyer can challenge the reliability of that testimony.
Preventing Unfair Trials & Wrongful Convictions
Without complete disclosure, you may never know about evidence that could prove your innocence. For example:
- A witness’s statement may contradict physical evidence — but if it’s not disclosed, you won’t know.
- Forensic reports could show DNA from another suspect — but without access, your defense is weakened.
“An accused’s right to disclosure is based on the principle that materials in the Crown’s possession are the property of the public to be used to ensure justice.” – Anny Wang, BW Law.
How Disclosure Affects Plea Bargaining
If the evidence is weak, your lawyer may negotiate reduced charges or case dismissal. If the evidence is strong, your lawyer may advise on possible plea deals to reduce sentencing.
By fully understanding the evidence against you, you can make an informed decision about whether to fight the charges or explore other options.
What Happens If Disclosure Is Delayed or Incomplete?
Common issues in disclosure:
- Missing Evidence → A fair trial is impossible if the defense doesn’t have access to all the evidence.
- Delays in Receiving Disclosure → The defense may not have enough time to prepare a proper legal strategy.
- Withheld Information → The Crown must justify any missing records, and the defense can challenge non-disclosure in court.
“If your disclosure is withheld or delayed, the Crown must justify that absence or delay. However, the Crown does have a limited discretion to delay disclosure where necessary to protect the safety of certain witnesses or the integrity of an ongoing investigation.” – Anny Wang, BW Law
Here is what lawyers can do in such cases:
- Request disclosure in writing – Your lawyer will formally demand all relevant materials.
- File a motion for disclosure – If evidence is missing, the court can order the Crown to provide it.
- Challenge the fairness of the trial – In serious cases, your lawyer may argue for case dismissal.
If you’re facing criminal charges, disclosure is only one part of protecting your rights. Understanding your right to bail is equally critical, as it can impact your ability to prepare your defense while awaiting trial.
How to Ensure You Receive Full Disclosure
Steps You Can Take If Disclosure Is Missing or Delayed
- Request Disclosure in Writing – Your lawyer will formally request all relevant materials from the Crown.
- Compare Evidence for Gaps – Your lawyer will cross-check police reports, witness statements, and forensic reports for inconsistencies.
- Challenge Non-Disclosure in Court – If critical evidence is missing, your lawyer can file a motion for disclosure.
Can You Represent Yourself?
Technically, yes — but criminal law is complex. Missing one key document can mean the difference between winning and losing your case. That’s why it’s worthwhile to look for an experienced criminal lawyer to represent you in court.
How BW Law Can Help You Fight for Your Rights
At BW Law, we take an aggressive approach to protecting our clients’ rights:
- We challenge missing evidence and delays to ensure full disclosure.
- We analyze every document and statement to build a strong, strategic defense.
- We communicate with you in plain language, ensuring you understand every step of your case.
Your right to disclosure is essential to your defense. If you’ve been charged with a criminal offence, don’t wait — your next steps matter.
“If you retain one of the lawyers at BW Law, we will obtain disclosure for you as early as possible, evaluate it for completeness, review it with you, and provide you with legal advice specific to your circumstances.” – Anny Wang, BW Law
Don’t risk facing trial without full access to the evidence. Contact BW Law today for a confidential case review.