Crown disclosure is a continuing constitutional obligation and a foundation of trial fairness. This training reviews the prosecutor’s responsibilities under R. v. Stinchcombe, R. v. McNeil and related authorities, with emphasis on timely, practical decision-making throughout the life of a file.
Learning objectives:
- Apply the broad relevance standard to inculpatory, exculpatory and credibility-related information.
- Identify and obtain potentially relevant police misconduct information and address gaps in the investigative file.
- Make principled decisions about privilege, privacy, safety, timing and the manner of disclosure.
- Document disclosure decisions, communicate clearly with police and defence, and respond to focused follow-up requests.
- Recognize the continuing nature of the duty and take prompt corrective steps when new or missed information is identified.
Scenario-based exercises focus on file screening, credibility information, sensitive records, late disclosure and remedies. Participants should also follow the legislation, prosecution policies, court orders and professional obligations applicable in their jurisdiction.
