What is one reason the Crown can delay disclosure?

In criminal procedure, the Crown's duty to disclose evidence is fundamental to ensuring a fair trial. However, there are specific circumstances that allow for delays in this disclosure. One significant reason for delaying disclosure is if the materials in question are privileged. Privilege typically refers to information that is protected from disclosure due to confidentiality, often encompassing communications between a lawyer and their client or certain public interest concerns.

When materials are privileged, the Crown is legally restricted from disclosing them to the defense. This ensures that sensitive information that could compromise the legal rights of individuals or the integrity of certain proceedings remains protected. Since disclosure of privileged materials could undermine the fairness of the legal process, this provides a valid and justified basis for the Crown to delay sharing such evidence with the accused.

In contrast, other reasons such as gathering more evidence, concerns about the accused being a flight risk, or lack of resources do not constitute legally recognized reasons that would permit delaying disclosure in the same way as material being privileged does. Delays based on those factors typically do not have an established legal basis linked specifically to the duties imposed on the Crown regarding disclosure.