Right to disclosure material. criminal law ontario. self represent.

I can't find anywhere rules of privilege re: restrictions on my, or any self represent's access to or possession of disclosure items from the prosecution.  Can I take these home to study and form my answer and challenges to their accusations?

Asked over 8 years ago in Pembroke, Ontario
Categories: Human Rights  Criminal Law

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Lawrence Gridin

Answer by Lawrence Gridin

VerifiedOntario lawyer

The leading case is indeed Stinchcombe, cited by Mr. Gill above. Every accused person has a right to access disclosure in order to make full answer and defence to a criminal charge. That being said, sometimes the Crown places restrictions on taking material home, especially if the material in question is of a private or sensitive nature.  For example, if the disclosure contains the victim's mental health records, it is likely that the Crown will allow you to view them but not allow you to take them home.

Posted over 8 years ago

Lawrence Gridin · Brauti Thorning Zibarras LLP · 151 Yonge Street, Suite 1800 · Toronto, ON M5C 2W7 · Direct: 416-306-5765

DISCLAIMER Please note that by answering this question, I am not retained as your lawyer, and I am not providing legal advice on what you should or should not do. This answer is general legal information only. To obtain ADVICE specific to your situation, retain a lawyer that you can trust and you are comfortable working with. I am unable to provide legal information/advice over the phone or by email. However, I offer a FREE IN-PERSON CONSULTATION by appointment to anyone charged with an offence.

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