The prosecution has a constitutional disclosure obligation flowing from the right to make full answer and defence. Disclosure is not necessarily a single package delivered once; it can be supplemented as the case develops.
Primary legislation and official process sources checked October 5, 2026. Criminal law and court procedure can change; verify the current source before relying on a provision or deadline.
What disclosure may contain
The contents depend on the investigation and can include police notes, reports, statements, recordings, photographs, expert material and other relevant information.
- police occurrence material
- audio and video
- expert or forensic records
Requesting and receiving disclosure
Local delivery systems vary. An accused or counsel may need to make sure the Crown has the correct contact information and that electronic materials can be accessed.
- disclosure request
- electronic access
- follow-up
Redactions and limits
Privilege, safety, privacy and third-party interests can affect what is disclosed or how it is provided.
- privilege
- redactions
- third-party records
Continuing disclosure
Relevant material received later may generate a continuing duty to disclose.
- supplemental police material
- new expert reports
- updated witness information
When disclosure is incomplete
The response can depend on what is missing, why it matters and the stage of the case.
- follow-up request
- court application
- adjournment or remedy
Official and authoritative sources
- Justice Canada — Canadian Charter of Rights and Freedoms
- Justice Canada — Criminal Code
- Nova Scotia Legal Aid — Criminal Law Resources