A person charged with committing a criminal offence has the right to know the evidence held by the Crown. This applies to all criminal charges, for example assault, shoplifting, sexual assault, impaired driving, etc. Therefore the Crown shall have to make known to the defendant a copy of the witnesses’ statements, as well as an account of the physical evidence it has in its possession. This applies as much to the evidence adduced in support as to the evidence that tends to exonerate the defendant.
The obligation to disclose the evidence is fundamental and violation of it can even entail termination of the proceedings undertaken against the defendant. Nevertheless, there are some exceptions to this obligation, for example when some evidence is protected under specific rules of confidentiality.
Contact Xavier Cormier, a Montreal criminal lawyer, if you are charged with committing a criminal offence.