In Quebec, disclosure in most provincial criminal prosecutions is managed by prosecutors acting for the Directeur des poursuites criminelles et pénales (DPCP). Police provide investigative material to the prosecutor, who reviews it and provides relevant disclosure to the accused or defence counsel.
Under R. v. Stinchcombe, prosecutors must disclose relevant information within the prosecution’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 prosecutors of serious misconduct involving officers where it relates to the investigation or could affect an officer’s credibility or reliability. Prosecutors determine what must be disclosed; the defence is not automatically entitled to an officer’s complete employment or disciplinary history.
Disclosure is ordinarily provided through the prosecutor handling the charge and, in Quebec criminal proceedings, generally occurs around the first appearance. Federal prosecutions follow the procedures of the Public Prosecution Service of Canada.
