Disclosure (Stinchcombe)

Disclosure in Canadian criminal law refers to the Crown's constitutional duty to provide the defence with all relevant material in its possession or control, whether it helps or hurts the prosecution's case. The duty was established in R. v. Stinchcombe, [1991] 3 S.C.R. 326, and flows from the accused's right to make full answer and defence. It is ongoing throughout the proceedings and subject to limited exceptions, such as privileged material, with the Crown retaining discretion over timing and relevance that is reviewable by the court.

Disclosure drives the rhythm of criminal practice: defence counsel typically will not set trial dates or advise on plea until disclosure is substantially complete, and late or missing disclosure grounds applications for adjournments, further disclosure orders, or other remedies. Material in the hands of third parties is governed by a separate production regime rather than the Stinchcombe duty, a distinction that matters in records applications.