2. Ask for your disclosure
Question & AnswerWhat documents does the Crown have to give me?
During your first court date, usually called your first appearance, you will get some of your from the Crown. But there is no guarantee that all of it will be available at your first appearance. You should ask for your disclosure when it's your turn to speak in court.
You can also contact the Crown’s office before your first appearance to ask about disclosure.
You can't move forward with your case without your disclosure.
It might take weeks or months to get all your disclosure. The Crown must keep sharing information with you as they get it. The Crown gets most of the disclosure from the police that are investigating your case.
You might not need to go to court to get your disclosure. The Crown can send it to you by email or, if you need physical copies, you can pick up your disclosure from the Crown's office directly.
If you're waiting for disclosure, it's important to tell the court about it at each of your court appearances. That way, if the case takes too long, the court record will show what caused the delay and that you tried to move your case forward.
Asking for more disclosure
The Crown should give you all your disclosure before your date. If you believe that things are missing, you can tell the judge at your next court appearance. Everything you say in court is recorded, so there will be a record of your request.
Some things that could be missing from your disclosure include:
- police notes from an officer that was involved in your
- security camera footage
- statements from witnesses
You can also write a letter to the Crown to ask for the missing disclosure. You can send your letter by mail to the Crown's office or by email to the Crown assigned to your case. The contact information for the Crown should be included in your disclosure. If the contact information is not there, you can call the Crown office and ask for it.
In your letter to the Crown, you should include the name of your case and your contact information. You should also say whether you've asked for this disclosure before and the date you asked for it.
There might be a reason that the Crown didn't give you some information. For example, the information might not be relevant to your case. Or, if the information is privileged, the Crown is not allowed to give it to you. The Crown should tell you why they're not giving you the information you're asking for.