Steering Committee on Justice Efficiencies and Access to the Justice System – Report on Disclosure in Criminal Cases
June 2011

Appendix D

Crown Brief Standards

Disclosable Non-Disclosable
A. Police prepared content
  1. Narrative prepared by investigators;
  2. Index of file content;
  3. Copy of information or indictment (or recommended charges);
  4. Synopsis of facts;
  5. Bail brief;
  6. Charge review sheet (where applicable);
  7. List of other potentially relevant info not included;
  8. List of exempt information and reasons.
A. Police internal records
  1. Compensation claim sheets;
  2. Financial records;
  3. Internal correspondence;
  4. A-5s;
  5. Source Debriefing reports.
B. Police internal communications
  1. Faxes in and faxes out (to be vetted);
  2. Surveillance requests;
  3. Special O requests, Special I requests;
B. Common law or statutory privilege
  1. Informant, agent:
    1. Informer identity;
    2. Conversations with informant;
    3. Conversations with UC agents.
  2. Solicitor-client:
    1. Crown work product;
      • Analytical charts;
      • Phone toll analysis.
    2. Legal opinions provided to police;
    3. National interests;
      • National security;
      • Official secret;
      • Public interest section 37 CEA.
C. Accused
  1. Personal information;
  2. Criminal record & history;
  3. Statement (written, oral, audio, video, police notes, etc.);
  4. Assets information;
  5. Target profile package.
C. Witness, victim, privacy protection
  1. Child exploitation image or statement (with conditions);
  2. Sensitive information that could put person at risk-protect witness;
  3. 3rd party privacy right – common law, constitutional, or statutory;
  4. Information given in confidence (e.g., Crime-stoppers);
  5. Third party records (O'Connor & s.278.1 CC);
  6. Database checks except relating to target or accused.
D. Witnesses
  1. Witness list including:
    1. name;
    2. address;
    3. occupation; and
    4. contact numbers (subject to prosecution discretion to delay, withhold or exclude).
  2. Witness Statements (written, oral, audio, video recorded).
  3. Willsay summaries.
  4. Important information relating to witnesses:
    1. prior inconsistent or recanted statements;
    2. particulars of promises, benefits, advantage;
    3. info supporting mental disorder;
    4. info bearing on reliability of ID;
    5. criminal record accused and co-accused;
    6. criminal history of accused;
    7. criminal records for other witnesses, (on request, if relevant to credibility);
    8. information bearing on reliability of I.D. evidence.
D. Evidentiary
  1. Information not in possession of police;
  2. Clearly irrelevant
  3. Information from intelligence and security agencies
  4. Information revealing intelligence gathering methods
  5. Location of places or of person allowing use for surveillance
  6. Information that might facilitate other offences or hinder prevention
  7. Ongoing or future investigations
  8. Investigative techniques
E. Witness notes, reports, drawings, etc.
  1. Drawings and accident reports;
  2. Expert statements, reports, notes, drawings;
  3. Medical records-notes; lab-forensic reports;
  4. DNA reports;
  5. Computer forensics reports;
  6. Certificates of analysis; (Health Canada disposition report);
  7. Police agent notes, debrief notes or transcripts, letter of agreement & details of consideration.
E. Pejorative, prejudicial and extraneous
  1. Investigator’s personal opinion as to strength of case, credibility of witness, sentencing;
  2. Slang;
  3. Conjecture or speculation;
  4. Sarcastic and negative comments.
F. Photographs or videos
  1. Police notebooks; and
  2. Police reports-occurrence, continuation, supplementary, update C237, surveillance
F. Court ordered or statutory prohibition
  1. Information subject to sealing order
G. Search warrants, special warrants
  1. Warrant and supporting material-(ITO unless sealed, report to judge, items seized;
  2. Detention orders;
  3. Photos or videos of site;
  4. Special warrants and supporting documents;
  5. Restraint orders.
H. Wiretap
  1. Authorization;
  2. Wire transcripts,
  3. Recordings & summaries;
  4. Phone tolls;
  5. Phone toll subscriber info after vetted;
  6. Technical evidence to address hook-up;
  7. Transcriber; and
  8. Translator notes and statements.

I. Exhibits
  1. Doc and non-doc, copies and reports;
  2. Documentary (incl. financial, business records, ledgers, cheques, institution file notes, metadata & native file format for e-files);
  3. Real evidence;
  4. Seized property;
  5. Property subject to forfeiture (offence related property-proceeds of crime).
J. Notices
  1. Evidentiary and other served notices, e.g., CEA, CDSA; and
  2. Notices of Intention
K. Recordings
  1. Video or audio statements, observations, crime scene;
  2. Other recordings (answering machines, security videos).
L. Post-offence
  1. Photo line-up and related I.D.
M. Media
  1. Collected media reports;
  2. Press releases; and
  3. Collected news clippings.
N. Examples of Potentially Relevant Information
  1. Investigative irregularities;
  2. Internal investigation;
  3. Excessive force;
  4. Difficult to locate witness;
  5. Tainted evidence;
  6. Witness subject to mental disorder;
  7. Offences committed by police during investigation;
  8. Loss of continuity; and
  9. Suspected Charter violation.

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