In Nova Scotia, disclosure in most provincial criminal prosecutions is managed by the Nova Scotia Public Prosecution Service. Police provide investigative material to Crown attorneys, who review it and provide relevant disclosure to the accused or defence counsel.
Under R. v. Stinchcombe, Crown attorneys 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. This obligation continues throughout the prosecution. Under R. v. McNeil, relevant police-misconduct information is delivered to the Chief Crown Attorney or designate, who works with the assigned prosecutor to decide 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 Service office handling the charge rather than directly from police. Procedures may differ when the prosecution is conducted by the Public Prosecution Service of Canada.
