A very important part of the criminal process is receiving and reviewing disclosure. An accused individual is entitled to receive and review full disclosure before making any meaningful decisions in their case. This right is derived from section 7 of the Charter of Rights and Freedoms.
Disclosure is the evidence that the Crown has in relation to a criminal offence. This includes anything from the accused’s prior criminal record, video footage of an alleged incident, DNA evidence, Breathalyzer results, photos, statements, and virtually any other piece of evidence relevant in the case. This also includes any exculpatory evidence that tends to suggest that the accused is innocent.
Accused individuals and/or their lawyer have the right to receive and review full disclosure in any criminal matter. Disclosure must be received in full before the accused can be expected to make any serious decisions in the case or move the case along in any meaningful way.