The failure to properly disclose information during a case can have serious consequences. Apart from squandered resources and compromised investigations, improper disclosure can result in wrongful convictions, unpunished crimes, law suits, and potential danger to witnesses.
Introduction to Disclosure examines the importance of providing full, frank and fair disclosure in a professional and timely manner. By explaining various exemptions from disclosure, and identifying best practices, this course will provide you with practical guidelines for successfully managing disclosure.
When you have completed this course you will be able to:
- Outline the basic principles of disclosure law
- Identify and explain the various exemptions from disclosure
- Identify why it is important to start the disclosure process at the beginning of an investigation
- List the disclosure related questions that must be asked regarding every piece of information or evidence related to an investigation
- Identify certain basic exemptions from disclosure, including personal information, informer privilege, solicitor-client privilege and investigative techniques
- List the national vetting codes
- Identify certain basic exceptions from disclosure
- List disclosure considerations such as relevancy and whether or not information is in the possession of the Crown
- List the key sections of the Canada Evidence Act that have an impact on disclosure
- Identify the exemptions related to specific sections of the Canada Evidence Act
- Differentiate between a Report to Crown Counsel / Crown Brief (also known as a Court Brief) and a disclosure package
- Define the concept of business rules
- Identify the main factors that are considered by the courts when deciding whether electronic disclosure is appropriate