If you’re facing a conviction or a charge, the consequences could severely affect your present circumstances and future opportunities. A convicted individual is restricted in many ways, which impedes the freedom to travel, immigrate, or find housing and employment. Even after release, a criminal record remains permanent—affecting your reputation and relationships. In these situations, it’s important to remember that you’re entitled to knowing all the relevant information for a case against you. In Alberta, the law takes into consideration a person’s right to access information and their ability to make a full defence. Known as the right to disclosure, all relevant evidence from the prosecutor must be presented to you. Should you require assistance in requesting or reviewing disclosure in Calgary, a criminal lawyer can help you with the process. At Martin G. Schulz & Associates, our team of lawyers will ensure you receive the necessary support to obtain your disclosure on time.
What is Criminal Disclosure?
Although you can invoke your rights to disclosure, you will still need to make a disclosure request. It may take weeks or months before you receive your package. Thus, you should request disclosure as early as possible to make an informed decision before your plea or trial. In Alberta, a criminal disclosure refers to a package of information gathered by the prosecutor or police authorities. The disclosure package typically contains all evidence or investigations relevant to the case.What Needs to be Disclosed
A disclosure request can be placed at the Crown prosecutor’s office. You may contact the Public Prosecution Services of Canada (for federal offences) or the Crown Prosecutor’s Office in Alberta (for provincial-level offences). Disclosures can also be requested online (E-Disclosure), which requires registration. A disclosure package consists of information that the Crown holds, such as:- The charge against you
- Witness statements, testimonials
- Police reports, photos, transcriptions, and recordings
- Investigation notes
- Medical records
- Drug or breathalyzer tests
Exceptions to Disclosure
There are instances when disclosure is not required. However, the Crown must provide reasons pertaining to the following:- Beyond prosecution’s control: If the information is not within the Crown’s possession, such as third-party information
- Irrelevant information: Redacted or excluded information that has no realistic bearing on the case or the individual’s credibility
- Privileged information: Information withheld based on privacy or safety reasons (e.g. solicitor-client privilege, anonymity of sources, identity of undercover authorities)
Consequences of Non-Disclosure
If the Crown does not fulfill its duty in disclosing all relevant knowledge, your lawyer can seek remedies. Note that delayed disclosure on the Crown’s part must also be supported with justification for doing so. Any evidence that points towards guilt (inculpatory) or innocence (exculpatory) should also be disclosed, so long as it is relevant. To make sure the accused has time to review the delayed disclosure, examples of remedies that your lawyer may pursue include:- Adjournment, postponement, or rescheduling of a plea or trial
- Stay of proceedings (trial is halted either for a period of time or indefinitely)
- Appeal rights for a conviction if the disclosure would have affected the trial results otherwise