NCJ Number
94619
Date Published
1984
Length
40 pages
Annotation
The Law Reform Commission of Canada recommends that the traditional notion of disclosure as a voluntary and discretionary procedure be replaced by a legislative scheme that would afford judicially enforceable rights to the accused.
Abstract
Canada has never formally provided for a general scheme of pretrial disclosure by the prosecution. However, the impetus toward formal procedures for pretrial disclosure has been gathering steam in the past 15 years. Several experimental projects have been established to test the viability of pretrial disclosure as a feature of common practice. The Commission suggests that a new Part on disclousure be added to the Criminal Code. It proposes that accused persons be entitled to disclosure before they are called upon to make a decisive step toward the disposition of their case. That point is when the accused is called upon to elect mode of trial or to plead. In addition, only 'relevant' statements (those made by the accused and by witnesses for the prosecution) need be disclosed. Relevance signifies material pertinence with respect to the proof of charges against the accused. Moreover, the defense should be provided with the identification of prosecution witnesses and notice of what those witnesses can be expected to say. Accused persons should also be entitled to a copy of their criminal records and any of their relevant statements, and allowed to inspect prosecutors' exhibits. The prosecutor has a continuing obligation to disclose the items requested. Other elements of the disclosure proposal are explained. The Commission expects these recommendations to enhance pretrial disclosure by the Crown, minimize the need for preliminary inquiries, and thus promote efficiency in the disposition of criminal cases. Endnotes and a chart are supplied.