When must the Crown make disclosure to an accused?

The correct answer is that the Crown must make disclosure to an accused before the accused elects the mode of trial. This requirement is rooted in the legal obligation for the Crown to inform the accused of the evidence that will be used against them, which is pivotal to ensuring a fair trial.

The rationale behind this requirement is that the accused needs to be adequately informed about the case against them so they can make an informed decision regarding their mode of trial. This is especially important in jurisdictions that allow the accused to choose between different types of trials (e.g., a jury trial versus a judge-alone trial). The right to disclosure is essential for the accused to prepare an effective defense and to understand the charges they face.

The timing of disclosure is crucial because if the Crown were to disclose evidence only after a guilty plea or after a trial had begun, the accused would not have sufficient opportunity to respond or strategize regarding their defense. Similarly, relying solely on requests from the defense could create an imbalance in the information available to both sides, undermining the fundamental principles of procedural fairness and the right to a fair trial.