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Discuss your criminal disclosureCall 905-283-8514
Criminal disclosure is the information the prosecutor (the Crown) provides so you can understand the case against you and prepare your defence. In Ontario, it can include police notes, witness statements and recordings. Reviewing what the Crown has provided and what may still be outstanding can help you make informed decisions about how the case proceeds.
This guide focuses on disclosure after a criminal charge in Ontario.
Key takeaways
- The Crown’s disclosure duty generally covers relevant information in its possession or control, including material that may help the defence.
- The first package may be incomplete. Additional material can arrive as the case progresses.
- Tell your lawyer about unreadable or apparently missing material and any upcoming court date. Ask about restrictions before sharing any part of the package.
Tell us your next court date and whether you have received disclosure. We check conflicts and availability and explain the consultation scope and any fee before you book. An inquiry does not retain the firm or confirm that we can attend a court date.
What can be in a criminal disclosure package?
What you receive depends on the charge and investigation. A package can include the charging document, a police summary or notes, witness statements, photographs, audio or video recordings, and forensic or other expert reports. Some items may come as separate files or be made available for viewing.
The Crown’s duty can include information that helps the defence, even if the Crown does not plan to use it at trial. For example, a witness’s account that differs from the police summary may matter to the defence.
When might you receive disclosure?
You may receive initial disclosure before or around your first case-management appearance. Timing and access vary with the case and the prosecutor’s office. You may receive more records later as the Crown obtains relevant information. Its duty to disclose continues as the case progresses.
Keep track of your next court date and follow the court’s attendance directions while you wait for outstanding material. For more about that appearance, see our guide to your first criminal court date.
Why might an item be redacted, restricted or separate?
The Crown can leave out information that is clearly irrelevant or protected by legal privilege. In some circumstances, sensitive material may be available for viewing under specific conditions. If part of a document is blacked out or a file is available only for viewing, ask your lawyer or the prosecutor’s office how it can be reviewed.
Getting a record from an outside organization, such as a clinic, can involve a separate legal process. In certain sexual offence cases, special rules can apply to private records about a complainant or witness, even if the Crown has them.
What if something appears to be missing or arrives late?
Tell your lawyer which item concerns you, where it is mentioned and how soon the next court date is. A lawyer can check whether the material was provided separately, assess why it matters and raise the issue with the Crown or the court where appropriate.
Example: Police notes mention a recording
The notes refer to a recording, but you received only written files. The recording might be supplied separately, available for viewing or still outstanding. The reference gives your lawyer a concrete item to follow up on.
If relevant material arrives late, the court may allow more time to review it. The court’s response depends on the significance of the material and what is needed to give the defence a fair chance to respond.
Why review disclosure before deciding how to proceed?
A police summary describes what police say happened. At trial, the court considers the evidence it admits, and the Crown must prove the charge beyond a reasonable doubt. Reviewing the package can help you understand which parts of the case may need a closer look.
A lawyer can compare the materials, identify what remains uncertain and explain how that affects your options. If there is a proposed resolution, a review can help you understand the evidence, the proposal and the consequences before you decide whether to accept it.
How should you handle disclosure you receive?
Disclosure can contain private information and may come with limits on copying or sharing. Keep it private, follow any access conditions and ask your lawyer how to provide it securely. Speak with your lawyer before forwarding it to relatives or anyone else. If you are subject to a no-contact condition, continue following it. See our guide to bail and release conditions for more context.
How can Legal Route help with disclosure?
Legal Route can review the materials you have received, assess whether further information may be needed and discuss how the disclosure affects your options. Depending on the agreed scope, the firm may assist with follow-up on disclosure, pre-trial work or representation. Legal Route’s legal services are provided by lawyers licensed by the Law Society of Ontario.
What to have ready for an initial inquiry
Share the charge as it appears on your court papers, the courthouse, your next court date and whether you already have a lawyer or access to disclosure. A brief summary is enough to start. Wait for secure delivery instructions before sending case materials or recordings. Keep any portal credentials private.
Criminal law consultations in Brampton and across Ontario
In Brampton. In-person consultations are available by arrangement at our Brampton office, 2074 Steeles Avenue East, Unit 17.
Toronto and the GTA. We assist with criminal matters across the region, including Mississauga, Vaughan and Pickering, subject to availability and the circumstances of the case.
Across Ontario. Virtual consultations are available for suitable matters. See our Ontario service areas for appointment options.
Frequently asked questions about criminal disclosure
Can I receive disclosure if I do not have a lawyer?
Yes. The right applies to people representing themselves, too. The prosecutor’s office can explain how it provides access. The way you can review sensitive material may depend on the item and any access conditions.
What if a disclosure file will not open?
Note which file will not open and tell your lawyer or, if you are representing yourself, the prosecutor’s office. An expired link or an incompatible file can prevent access even when the item is listed as provided.
Does a Crown screening form tell me what sentence I will receive?
The form may outline how the Crown proposes to deal with the charge, including the sentence it may ask for. If the case reaches sentencing, the court decides what sentence to impose.
Can a family member get disclosure for me?
Family members have no automatic right to receive the package. Ask your lawyer how someone can support you while respecting the privacy and access requirements that apply to your case.
Can I speak to a lawyer before disclosure arrives?
Yes. A lawyer can review your court papers and any release conditions, explain what the first stages of the case may involve and discuss what further review would be needed once disclosure arrives.
Discuss your disclosure with Legal Route
Tell us what you have received, what you are concerned about and when you are due back in court. We can explain what a consultation would cover.
Request a criminal disclosure consultation
Call 905-283-8514 or see our Brampton office and appointment details. An inquiry does not establish a lawyer-client relationship or confirm that the firm has accepted the matter.
Related Legal Route resources
Official resources
- Ontario Court of Justice guide to criminal court and disclosure
- Ontario Crown Prosecution Manual disclosure directive
- Legal Aid Ontario’s explanation of a disclosure package and the Crown screening form
- R. v. Stinchcombe, the Supreme Court of Canada’s decision on the Crown’s duty to disclose
- R. v. Gubbins, the Supreme Court of Canada’s summary of a decision on records outside the Crown’s file
- Criminal Code, section 278.2, on certain records held by the prosecutor
This article provides general legal information. Your charge, court dates, disclosure and any release conditions can affect what you need to address in your case.