R. v. Stinchcombe: Your Right to Disclosure
You can't defend yourself properly if you don't know the evidence against you. In R. v. Stinchcombe, [1991] 3 S.C.R. 326, the Supreme Court of Canada held that the prosecution must disclose all relevant information to the accused. This duty applies in criminal cases and, in Ontario, in provincial offence prosecutions such as traffic tickets.
- The Crown must disclose all relevant information, whether it helps or hurts the prosecution.
- The fruits of the investigation belong to the public, to ensure justice is done, not to the Crown to secure a conviction.
- The Crown has discretion only over timing and privileged material, and a judge can review it.
- Disclosure should be made before the accused has to choose a plea or elect a mode of trial.
The case
Mr. Stinchcombe, a lawyer in Alberta, was charged with breach of trust, theft and fraud. His former secretary gave statements to the police that appeared to help his defence. The Crown decided not to call her and refused to disclose her statements. The Supreme Court held that the Crown's refusal was wrong and ordered a new trial.
What disclosure includes
- Police notes, witness statements and reports.
- Photos, video, and data such as in-car camera or bodycam footage, if it exists.
- In traffic cases: the officer's notes, and often records about the speed-measuring device and its testing.
- Information that might help the defence, such as a witness who saw things differently.
Getting disclosure for a ticket
- Request it in writing from the prosecutor's office as soon as you choose to go to trial.
- Keep a copy of your request and note the date.
- If it doesn't arrive in time, ask for an adjournment or another remedy at the start of the trial, and explain the steps you took.
- Late or missing disclosure can also factor into delay arguments under Jordan.
Licensed paralegals in Ontario can defend provincial offences, such as Highway Traffic Act charges, and some less serious summary conviction criminal matters permitted by the Law Society. More serious criminal charges need a criminal lawyer.
Photos from Pexels: A Lady Justice statue holding the scales · A law book beside the scales of justice on a wooden desk.
This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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