Disclosure is a file that the Crown prosecutor must hand over to a person facing a DUI charge. In DUI cases, disclosure is a file with all the evidence that the Crown prosecutor is obliged to provide to the driver facing the charge. Disclosure covers everything that happens during the stop, the arrest, and the testing process.
This file lets you or your Toronto DUI lawyer understand what the case looks like and make the right decisions about the path forward.
The Legal Basis for Crown Disclosure
This obligation is based on R. v. Stinchcombe, a 1991 Supreme Court of Canada decision. It ties disclosure to Section 7 of the Charter and the right to make full answer and defence. The Crown must turn over anything relevant, or not clearly irrelevant, that it holds, whether or not the material helps the prosecution’s own case. Withholding evidence because it’s unhelpful to the Crown isn’t an option.
What is Included in DUI Disclosure
In a typical impaired driving file, disclosure usually covers the following materials.
| Police Notes | Officers’ notes from the shift, traffic stop, and investigation. |
|---|---|
| Audio and Video Footage | Cruiser dashcam recordings, booking room videos, and breath-testing room footage. |
| Breath or Blood Test Records | Calibration logs, maintenance records for the approved instrument (breathalyzer), and the qualifications of the breath technician. |
| Witness and Officer Statements | Accounts from civilians, fellow officers, or medical personnel. |
| Dispatch Records | Times and logs of police communications regarding the incident. |
You usually receive at least some disclosure at your first court appearance, but it can be incomplete. Records the Crown itself holds are “first-party” materials and must be included in the file
However, in R. v. Gubbins (2018), the Supreme Court ruled that a breathalyzer’s maintenance and repair records are not part of that “first-party” category.
These are considered “third‑party” records. The company that services the breathalyzers holds them, so they’re not part of the Crown’s own file. You will need to file a separate application showing they’re likely relevant.
Why the Timing of Disclosure Matters
Section 11(b) of the Charter guarantees a trial within a reasonable time. R. v. Jordan (2016) set hard limits: 18 months for provincial court, 30 for superior court from the charge to the end of trial. Disclosure delays are a very common reason cases blow past those limits. Ontario courts have stayed impaired driving charges outright when the Crown couldn’t explain the holdup.
That’s also where a lawyer’s review work starts. Once a lawyer has the file, they look for specific details to win DUI cases in Toronto, and this process plays a major role in the case’s outcome.
In November 2025, the Supreme Court’s companion rulings in R. v. Rousselle and R. v. Larocque confirmed the Crown can rely on the testing technician’s own certificate to prove a breath machine passed the check. This means that a separate analyst’s evidence isn’t required. This narrows the scope for technical challenges that the defence can raise. It also makes a careful read of the disclosure file more important than ever.