In New Brunswick, disclosure in most provincial criminal prosecutions is managed by Public Prosecution Services. Police and other investigators provide material to Crown prosecutors, identifying information they believe may require protection, and Crown prosecutors review the file before providing relevant disclosure to the accused or defence counsel.
Under R. v. Stinchcombe, Crown prosecutors 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. The obligation is ongoing. Under R. v. McNeil, police must notify Crown prosecutors of serious misconduct involving officers where it relates to the investigation or could affect credibility or reliability. Crown prosecutors 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 Public Prosecution Services office handling the charge and should be provided promptly after a charge is approved or laid. Federal prosecutions follow the procedures of the Public Prosecution Service of Canada.
