What is the crown's duty to disclose in criminal cases?

The crown's duty to disclose in criminal cases encompasses the requirement to provide both inculpatory and exculpatory evidence. Inculpatory evidence is that which tends to establish the guilt of the accused, while exculpatory evidence is evidence that may be favorable to the defendant or may exonerate them from guilt. This dual obligation is rooted in the principles of fairness and justice, ensuring that the defendant has a complete picture of the evidence available to either prove their innocence or challenge the prosecution's case.

This duty to disclose is not discretionary; it is a mandated requirement for the crown to present all relevant evidence to the defense, fostering transparency in the legal process. The goal is to uphold the integrity of the judicial system, allowing defendants to prepare an adequate defense and ensuring that trials are conducted fairly. The requirement also aligns with the principle of the presumption of innocence, highlighting the necessity for the prosecution to provide comprehensive evidence that supports its case.

Other options suggest limitations or discretionary aspects that are not consistent with the established rules and ethical obligations guiding the conduct of the crown in criminal prosecutions. Disclosing only inculpatory evidence, disclosing at the crown's discretion, or only providing evidence upon request would undermine the fairness of the trial process