In Prince Edward Island, disclosure in most provincial criminal prosecutions is managed by the Crown Attorneys’ Office within Justice and Public Safety. Police provide investigative material to Crown attorneys, who review it and provide relevant disclosure to the accused or defence counsel.
Under R. v. Stinchcombe, Crown attorneys must disclose relevant information within the Crown’s possession or control, whether it supports the prosecution or assists the defence, except privileged or legally protected material. This obligation continues throughout the prosecution. Under R. v. McNeil, police must notify Crown attorneys of serious misconduct involving officers where it relates to the investigation or could affect an officer’s credibility or reliability. Crown attorneys determine what must be disclosed; the defence is not automatically entitled to an officer’s complete employment or disciplinary history.
Disclosure is ordinarily requested from the Crown Attorneys’ Office handling the charge and should be provided as soon as reasonably practicable after a request. Procedures may differ for prosecutions conducted by the Public Prosecution Service of Canada.
