Disclosure of victim impact statements

R. v. Lonegren, 2011 BCCA 329 is a source for saying a victim impact statement, if in the Crown’s hands before trial, ought to be disclosed.

At a preliminary hearing, counsel for the accused noticed a victim impact statement in Crown counsel’s file. Crown counsel refused production on the basis that the statement was not relevant and opposed a defence application to the presiding Provincial Court judge for disclosure. The judge reviewed the statement and denied disclosure. This was an error and the victim impact statement ought to have been disclosed:

[32] In his ruling on the mistrial application, the trial judge found that the Crown was obliged to disclose the victim impact statement prior to trial. On appeal, the Crown takes no exception to this finding. The Crown was in breach of its disclosure obligations as explained in R. v. Stinchcombe, 1991 CanLII 45 (SCC), [1991] 3 S.C.R. 326.