Chapter 6

Question 1

What are the particulars?

Answer 1

A colloquial name for the disclosure packet in minor cases, or the detail of a charge that the Crown could be ordered to supply to an accused person upon application

Question 2

What are the circumstances?

Answer 2

Informal disclosure of the circumstances of an offence by the Crown to the Defence

Question 3

What is Stinchcombe?

Answer 3

Settled the extent of the Crown’s obligation to disclose as a matter of constitutional right. Placed a heavy onus on the Crown to disclose all relevant information, whether they plan to use it or not, and whether the information supports the Crown or the defence
- Donald Marshall - Wrongful conviction

Question 4

First-Party-Disclosure Obligation?

Answer 4

The Crown and the police’s obligation to disclose the relevant content of its files

Question 5

What is disclosure of third party records?

Answer 5

Information in the possession of a third party

Question 6

What is the O’Connor applications?

Answer 6

Applications must be accompanied by an affidavit showing that the records are likely relevant to the accused’s case

Question 7

What is disclosure?

Answer 7

The legalistic word for the information or evidence that police gather in their criminal investigation, which the Crown gives to accused persons

• particular
• the circumstance

Question 8

True or false - the Crown has some discretion with the timing of disclosure?

Answer 8

True

Question 9

Who must show that there is a reasonable probability the non-disclosure affected the outcome of the trial or the overall fairness of the trial process?

Answer 9

The accused