In Nova Scotia, the Crown has a strict legal obligation to provide you with all relevant police evidence against you, free of charge. You or your lawyer can request this disclosure package directly from the local Public Prosecution Service (PPS) office in Halifax or Dartmouth before entering a plea.
If you have been charged with a criminal offence in Nova Scotia, you have a fundamental constitutional right to know the case against you. This process is known as obtaining “disclosure.” Disclosure refers to all the evidence the police have gathered during their investigation, which is then handed over to the Crown counsel. Whether you are facing a minor summary conviction or a serious indictable offence, reviewing your disclosure is the most critical step before deciding how to proceed. This guide will explain how to request this information from the Public Prosecution Service in Halifax. 📍
Step-by-Step Process in Nova Scotia
The rules governing disclosure are established by the Supreme Court of Canada and apply universally across the country. However, the practical steps to obtain your package involve interacting with local authorities, such as the Halifax Crown Attorney’s Office at the Nova Centre or the Dartmouth office. If you choose to hire a local lawyer from our directory, they will handle this entire process for you. If you are self-represented, you must navigate these steps carefully.
Step 1: Attend Your First Court Appearance (Arraignment)
Your first court date at the Halifax Provincial Court is usually for arraignment, not a trial. During this brief appearance, the judge will ask if you have received your disclosure. If you have not, you must inform the court. The judge will typically adjourn (postpone) your case for a few weeks to allow the Crown counsel time to prepare and provide the evidence to you. 🏛
Step 2: Submit a Formal Request to the Public Prosecution Service
While initial disclosure is often provided automatically at or before your first court appearance, you may need to formally request it if it is missing. You can contact the regional Public Prosecution Service (PPS) office handling your case. For Halifax matters, this is usually the office located downtown. You must provide your name, date of birth, court docket number, and the date of your upcoming court appearance.
Step 3: Receive and Review the Disclosure Package
Once prepared, the Crown will provide the initial disclosure package. This typically includes a copy of the Information (the formal charging document), the police occurrence report, witness statements, and any photographs. Recently, the Nova Scotia PPS has begun utilizing secure digital platforms, such as Axon Evidence.com, to share Body-Worn Camera (BWC) footage from the Halifax Regional Police and RCMP. You will receive a secure link to download these files to your own computer. 💻
Step 4: Request Additional or Ongoing Disclosure
The Crown’s duty to disclose is ongoing. If you or your criminal defence lawyer notice that certain items are missing-such as a specific witness statement or a breathalyzer calibration certificate-you must make a follow-up request in writing to the Crown counsel. Your lawyer will know exactly what technical documents are required to build a strong defence against the charges.
How Much Does it Cost in Nova Scotia?
Obtaining your basic disclosure package is a fundamental right and comes with specific cost rules in Canada.
| Feature | Cost details |
|---|---|
| Crown Fees | Receiving the disclosure package from the Nova Scotia Public Prosecution Service is completely free of charge. You do not have to pay the Crown for police reports, witness statements, or digital video links. |
| Printing and Transcription | If you require hundreds of pages to be printed, or if you need a specific audio interview transcribed by a private service, you may have to bear those administrative costs yourself. |
| Law Firm Retainer | If you hire a private law firm to review the disclosure and advise you on a plea, expect to pay a retainer. Depending on the complexity of the file, having a professional review your evidence can cost anywhere from $1,000 to $3,500 CAD or more. |
How Long Does the Process Take?
The timeline for receiving disclosure in Nova Scotia depends on the complexity of the investigation. For a straightforward traffic offence or simple assault, the initial package is usually ready within 2 to 4 weeks after your arrest, often available by your first court date. For complex indictable offences involving extensive digital evidence, financial records, or forensic reports, the police may take several months to hand everything over to the Crown. The Crown will provide the information in batches as it becomes available. ⏱️
Frequently Asked Questions (FAQ)
What happens if the Crown refuses to provide disclosure?
The Crown can only withhold information if it is protected by a specific legal privilege or is entirely irrelevant. If they fail to provide relevant evidence without a valid reason, your lawyer can apply to the trial judge for an order compelling disclosure, or in severe cases, request a stay of proceedings.
Can I share my disclosure with friends or post it online?
Absolutely not. Disclosure is provided strictly for the purpose of making a full answer and defence to your criminal charges. Sharing sensitive police evidence or witness details online can lead to new criminal charges, such as obstruction of justice or criminal harassment.
Do I need a lawyer to request disclosure?
No, you can request and receive disclosure as a self-represented accused. However, police reports often contain complex legal jargon and technical data. It is highly recommended to hire a local defence lawyer from our directory to help you interpret the evidence.
Will my own statement to the police be in the package?
Yes, any statements you made to the police, whether written, audio-recorded, or captured on body-worn cameras, must be included in the disclosure provided by the Crown counsel.
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