Meaningful Disclosure

Meaningful Disclosure

Candice Chan-Glasgow, Director, Review Services and Counsel

 

August 7, 2020

 

In a decision released last month, R. v. Cuffie, 2020 ONSC 4488 (CanLII), the Ontario Superior Court of Justice considered whether the Crown’s disclosure of non-searchable PDFs constitutes “meaningful” disclosure.

 

The Crown provided disclosure in nine tranches, and each tranche of disclosure was accompanied by a spreadsheet which functioned as a table of contents.  The spreadsheet listed the file name of every item disclosed, the folder in which the file was located, and the date the item was disclosed.  Approximately 7,000 “written documents” (over 318,600 pages) were disclosed, in addition to over 9,000 audio files, videos, and photographs. … Read More