Disclosure is the Crown's obligation to provide the accused with all relevant information in its possession — whether it helps or hurts the Crown's case. The right to full disclosure was established by the Supreme Court of Canada in R v. Stinchcombe (1991) and is rooted in the accused's right to make full answer and defence under sections 7 and 11(d) of the Charter.
The disclosure package in a criminal case typically includes police officers' notes, witness statements, forensic reports, video and audio recordings, photographs, expert reports, and the accused's criminal record. In impaired driving cases, disclosure includes breathalyzer certificates, calibration records, and toxicology reports. In sexual assault cases, it may include text messages, social media communications, and medical records.
Defence counsel review disclosure carefully because it is where defences are found: procedural errors by police, inconsistencies in witness statements, gaps in the evidence, Charter violations during the investigation, and weaknesses the Crown may not have identified. Late or incomplete disclosure can result in a stay of proceedings if it prejudices the accused's ability to mount a defence.