If disclosure is missing or a digital file will not open, identify the specific problem and raise it promptly with your representative or the prosecuting Crown office. The Ontario Court of Justice FAQ, “How do I get my disclosure?” directs readers with access problems or requests for further material to the Crown. A delivery notification is a starting point: check whether you can actually read, watch or listen to the files.
Three things to keep in mind.
- Check access to each file, including video and audio, well before your next appearance.
- Keep missing material, inaccessible files and questions about the evidence on separate lists.
- Record requests and responses; do not assume a disclosure problem cancels a court date or ends a prosecution.
Separate missing evidence from a technical problem
The court’s step-by-step guide, “Obtaining proper disclosure”, explains that disclosure can arrive in stages. It also tells readers to check electronic access and raise difficulties playing recordings or opening files. Distinguish a file that was never supplied from one listed in the package that cannot be opened. Those problems need different follow-up.
As practical preparation, make a short inventory with the filename, date received and access result. For a video, note whether it loads, has sound and plays to the end. Preserve an error message without altering the original file. Do not download unfamiliar software simply because a file will not play; ask for the intended access method.
Make a focused request for what you need
The court FAQ says that requests for relevant missing information should describe the material sought. It also explains that some passages may be obscured for confidentiality or relevance reasons. A blacked-out passage therefore calls for assessment, rather than an assumption that someone has improperly withheld evidence.
A useful working note identifies the document or recording, how you learned it may exist, and the question it could help answer. For example, distinguish an incident report referring to a recording from your own expectation that a camera must have captured something. Label uncertainty clearly. If you have a representative, send that note to them so requests can be coordinated.
Keep the access request separate from your account of events
For an access problem, record the device or browser used, the filename and the exact error. State whether the whole package is unavailable or only one attachment. Keep copies of the request and reply in date order, and record any replacement link or instructions received. These are organisational suggestions, not a court-prescribed form.
Before sending anything, confirm that you are using the correct office’s contact details and the access instructions provided for your case. A technical email does not need a long argument about what happened. Obtain advice before sending a substantive account of the allegation, witness comments or admissions with an administrative request.
Prepare a useful update before the next appearance
Put the next court date at the top of your working list. Ask your representative what remains outstanding, what follow-up is planned and what update is needed. Keep a clear distinction between material received, material requested and material you have not yet reviewed. Avoid describing a package as complete solely because the initial link arrived.
For broader preparation, see our first court appearance guide. Do not decide to miss an appearance because an email is unanswered. Confirm your attendance obligations and any directions in your own case; this article does not calculate a deadline or recommend a particular court application.
Get advice about the significance of the gap
A missing item may raise a practical access issue, a dispute about relevance or a more substantial legal question. This guide does not determine which applies or promise dismissal, exclusion of evidence or another remedy. Bring the disclosure inventory and correspondence to an advice appointment so the issue can be assessed in context.
Fast Legal Service can assess whether your matter fits its permitted criminal services, including eligible theft and shoplifting allegations. Book a consultation with your charge documents, release paperwork and questions. Representation requires a scope check and written retainer. General legal information only; no outcome is guaranteed.
Sources & further reading
Ontario Court of Justice: FAQs, How do I get my disclosure? Ontario Court of Justice: Step-by-Step, Obtaining proper disclosureGeneral legal information, not advice about a particular case. Consult the linked sources and obtain advice about your own circumstances.
Rafael Ferreira
Licensed Ontario Paralegal & Notary Public
Lawyer qualified in Brazil