Crown Disclosure Delays: How They Impact Criminal Cases

The Crown has a legal duty to provide the accused with all relevant information about the case against them. This process is known as disclosure. It includes police reports, witness statements, forensic evidence, surveillance footage, expert opinions, and any other material that might be used at trial. Timely disclosure is a cornerstone of a fair trial—it ensures the defence can prepare an effective response and protects the accused’s right to make full answer and defence under the Canadian Charter of Rights and Freedoms. When there are Crown disclosure delays, it can cause significant problems for the accused, including unnecessary detention, legal uncertainty, and delayed access to justice.

This article explains what Crown disclosure is, what causes disclosure delays, the legal implications of those delays, and how a criminal defence lawyer can help you respond and protect your rights if you’re experiencing prolonged delays in your case.

What Is Crown Disclosure?

Crown disclosure refers to the obligation of the prosecution to provide the defence with all relevant evidence in its possession. This requirement stems from the landmark Supreme Court of Canada case R. v. Stinchcombe, which established that the Crown must disclose all evidence, whether it supports the prosecution’s case or not. The purpose of disclosure is to ensure fairness in the criminal justice process. Without access to the information held by the prosecution, the accused cannot adequately prepare their defence. The law requires the Crown to provide this material as early as possible in the proceedings, usually before or at the first court appearance, and to continue disclosing new evidence as it becomes available.

What Causes Crown Disclosure Delays?

Disclosure delays can happen for a variety of reasons, some of which are administrative and others systemic. Common causes include backlog in police investigations or paperwork, delays in obtaining expert reports or forensic evidence, technical issues related to redacting or digitizing documents, miscommunication between police and prosecutors, incomplete or disorganized files submitted by law enforcement, and insufficient resources or staffing within the Crown’s office. In some cases, the delay is avoidable and reflects poor case management. In others, it may be the result of complex investigations requiring time to gather and organize large volumes of evidence.

How Do Disclosure Delays Affect the Accused?

Delays in Crown disclosure can significantly affect the rights and legal position of an accused person. Some of the impacts include prolonged uncertainty and stress while waiting for full information about the case, inability to make informed decisions about entering a plea or proceeding to trial, delays in applying for bail if key information is missing or incomplete, difficulty preparing a proper defence without access to critical evidence, and increased legal costs due to additional court appearances and adjournments. In more serious cases, disclosure delays may also affect the accused’s right to be tried within a reasonable time as guaranteed by section 11(b) of the Charter.

Section 11(b) and Unreasonable Delay

Under section 11(b) of the Canadian Charter of Rights and Freedoms, an accused person has the right to be tried within a reasonable time. The Supreme Court’s 2016 decision in R. v. Jordan set presumptive ceilings for how long a case should take: 18 months for cases in provincial court and 30 months for cases in Superior Court or those involving a preliminary inquiry. If the Crown fails to provide timely disclosure and this results in the case exceeding these time limits, the accused may apply to have the charges stayed on the grounds of unreasonable delay. A successful 11(b) application can result in the dismissal of charges. However, the defence must show that the delay was not caused by their own conduct and that it prejudiced their right to a fair and timely trial.

How Courts Handle Disclosure Delays

Courts take disclosure delays seriously, especially if the accused has been held in custody or if the delay causes repeated adjournments. Judges may respond to disclosure delays by ordering the Crown to produce missing materials by a set deadline, granting adjournments to allow the defence time to review late disclosure, excluding certain evidence if the Crown fails to provide it in a timely manner, or staying the proceedings if the delay violates the accused’s Charter rights. The court’s approach depends on the length and reasons for the delay, the complexity of the case, and whether the defence took reasonable steps to advance the matter.

What Defence Lawyers Do in Response to Disclosure Delays

If you are facing criminal charges and are not receiving timely disclosure, your lawyer can take several steps to protect your rights. These may include filing a formal request for disclosure with the Crown, bringing a disclosure motion in court to compel production of materials, keeping detailed records of all requests and delays to support a Charter application, and advising you on whether the delay justifies a stay of proceedings. An experienced criminal defence lawyer will also use the delay strategically to negotiate a more favourable outcome, particularly if the Crown is at fault and the case is taking longer than it should.

Practical Tips If You’re Dealing with Disclosure Delays

If you are accused of a crime and suspect that Crown disclosure is being delayed, consider the following: communicate regularly with your lawyer about what has and hasn’t been disclosed, attend all scheduled court dates and be prepared to request updates on disclosure, keep a personal record of when you receive documents and what they include, and avoid making decisions about pleas or trial dates until you have full disclosure. It’s important to stay engaged in your case and to understand that disclosure is your legal right—not a favour from the prosecution.

Why Choose De Boyrie Law

At De Boyrie Law, we recognize that disclosure delays can create unnecessary stress and legal uncertainty. Our legal team is proactive in holding the Crown accountable, pushing for timely disclosure, and ensuring that your Charter rights are fully protected. We work quickly to file motions, challenge unreasonable delays, and explore all legal remedies available, including applying for a stay of proceedings where appropriate. Whether your matter involves minor charges or serious allegations, we are committed to delivering responsive, strategic, and effective legal representation.

Schedule a Free Consultation with De Boyrie Law

If you’re dealing with Crown disclosure delays and need legal support, contact De Boyrie Law today for a free, confidential consultation. We’ll review your case, assess your rights, and help you move your matter forward with confidence.