Under Canadian law, you have an absolute right to access all evidence the Crown has against you, known as “disclosure.” You or your defence lawyer can request this package, which includes police notes and videos, directly from the Crown Attorney’s office at the Newmarket Courthouse completely free of charge.
The right to a fair trial is one of the most fundamental pillars of the Canadian justice system. In the landmark 1991 Supreme Court case R. v. Stinchcombe, the highest court in the country ruled that the Crown cannot hide evidence or surprise defendants in court. If you are arrested by York Regional Police in Vaughan, the prosecution is legally mandated to provide you with copies of every single piece of evidence they have gathered, regardless of whether that evidence proves your guilt or supports your innocence.
This collection of evidence is called “disclosure.” 🔍 It typically includes the arresting officer’s handwritten notes, witness statements, 911 audio recordings, breathalyzer results, and security or bodycam footage. Reviewing this disclosure is the very first step in building a robust legal defence. In this guide, we will explain how the disclosure process works for Vaughan residents facing criminal charges, how to obtain your evidence package from the local courts, and why you should never walk into a trial without analyzing it thoroughly with a defence lawyer.
Step-by-Step Process in Vaughan
Accessing your disclosure is a formal administrative process managed by the court system. Because Vaughan does not have its own criminal court, all local cases are managed at the Ontario Court of Justice located in Newmarket. Here is how you and your legal team will obtain and review your evidence.
Step 1: Your First Appearance in Court
After your arrest in Vaughan (e.g., in Maple, Kleinburg, or Concord), you will be given a document telling you to attend “First Appearance Court” in Newmarket. 🏨 You do not plead guilty or not guilty at this first appearance. The primary purpose of this quick court date is simply to confirm your identity and for the Crown Attorney to hand over your initial disclosure package. If you have already hired a defence lawyer, they will attend this appearance on your behalf and collect the files.
Step 2: Requesting the Disclosure Package
If your disclosure is ready on your first court date, the Crown will provide it to you or your lawyer, usually via a secure digital link or on a USB drive. If you are representing yourself (which is highly discouraged for serious charges), you must contact the Newmarket Crown Attorney’s Office directly to request access to the digital disclosure portal. You will need to provide your exact court case number and verify your identity.
Step 3: Analyzing the Evidence with Your Lawyer
Once the files are downloaded, the real work begins. 👨⚖️ You and your criminal defence lawyer will sit down to review every page of the police notes and watch every second of the video footage. Your lawyer is looking for gaps in the York Regional Police investigation, missing evidence, Charter of Rights violations, or illegal search and seizure issues. This thorough review forms the absolute foundation of your defence strategy.
Step 4: Requesting Further Disclosure
The initial package you receive is rarely the complete story. The police often take time to process specialized evidence. If your lawyer notices that a crucial piece of evidence is missing-such as a toxicologist’s report, calibration records for a radar gun, or specific CCTV footage from a Vaughan business-they will formally write to the Crown to demand “further disclosure.” The Crown must comply and hunt down this requested evidence from the police.
How Much Does it Cost in Vaughan?
Obtaining your own evidence should never be a financial burden. The Canadian justice system ensures that access to your disclosure is not restricted by your ability to pay. Here is what you need to know about the costs associated with the disclosure process as of May 2026:
| Disclosure Expense | Cost (CAD) |
|---|---|
| Crown’s Initial Disclosure Package | $0 (Provided completely free of charge by the Crown) |
| Further Disclosure Requests | $0 (The Crown covers the cost of compiling the data) |
| Lawyer’s Disclosure Review Fee | Typically included in a retainer of $1,500 to $3,500+ |
| Private Investigator Fees (Optional) | $1,000 – $3,000+ (If you need to find your own independent evidence) |
While the actual police documents are free, making sense of them requires professional legal expertise. 💰 A skilled Vaughan defence lawyer will charge a retainer fee to decode the complex legal jargon, analyze the officer’s shorthand notes, and build a winning strategy based on the provided evidence.
How Long Does the Process Take?
The timeline for receiving complete disclosure can be a major source of delay in the Ontario court system. ⏱️ While the Crown attempts to provide a “first pass” disclosure package by your first court appearance (usually 3 to 6 weeks after your arrest), this initial package is often incomplete. Waiting for further disclosure-such as DNA lab results, complex digital phone extractions, or complete bodycam footage-can take several months. A trial cannot legally proceed until your defence lawyer confirms they have received and reviewed every relevant piece of disclosure.
Frequently Asked Questions (FAQ)
Can I get my disclosure if I don’t have a lawyer yet?
Yes. You have the right to receive your disclosure as an unrepresented accused. You can contact the Newmarket Crown Attorney’s Office to obtain a digital copy. However, you should secure a criminal defence lawyer immediately after receiving it to understand what the evidence actually means for your case.
Why are some parts of my disclosure blacked out?
It is common to see blacked-out (redacted) text in your disclosure. The Crown legally redacts sensitive information to protect third-party privacy, such as the home addresses, phone numbers, or dates of birth of civilian witnesses. If your lawyer believes the redacted information is crucial to your defence, they can file a motion to have it unredacted.
Can I post my disclosure videos on social media to prove my innocence?
Absolutely not. Doing so is a severe violation of the law. You must sign an “undertaking” (a legal promise) stating that you will only use the disclosure for the purpose of defending yourself in court. Sharing police videos or witness statements online can result in serious new criminal charges against you.
What happens if the police lose the evidence against me?
If the police or the Crown negligently lose or destroy crucial evidence that could have helped your case (such as deleting security footage), your defence lawyer can file a Charter application. The judge may rule that your right to a fair trial has been breached and formally “stay” (halt) or dismiss your charges.
Does disclosure include police bodycam footage?
Yes. York Regional Police increasingly use body-worn cameras. If the responding officers were wearing active cameras during your arrest or interactions in Vaughan, the audio and video footage forms a critical part of your disclosure package and must be handed over by the Crown.
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