Disclosure for your traffic offence

Your right to obtain the evidence for your traffic matter

Disclosure is the evidence the prosecutor will use against you at trial. It is called disclosure because it is the responsibility of the prosecutor to disclose all evidence against you before the trial so that you can make full answer and defence (POA, S. 46.2). This responsibility is not only outlined in the Provincial Offences Act but it is also your right under the Canadian charter of rights and freedoms. It is not specifically addressed in the charter but the logic behind your right to disclosure is outlined in case law.

What the prosecutor is obligated to give you by law is outlined in R. v. Stinchcombe.

Reviewing disclosure is essential to determining a defence. If disclosure is not provided to you for trial and you have made numerous requests, you are entitled to costs under the Canadian charter of rights and freedoms as set out in R. v. 974649 Ontario Inc. . In most instances of non-disclosure, the Justice will remedy the situation with an adjournment, in order to give the prosecution enough time to give you the disclosure, and for you to review it. In the most extreme cases of non-disclosure a stay of proceedings will be granted.