Disclosure and Records

College Disclosure

Disclosure is a critical part of the hearing process. You will receive all the information the College gathered during the investigation, so that you can prepare and present the strongest possible case in your defence. 

The College must give you any documents or materials it has that could be relevant to your case. (see Rule 7.1.1) There are some exceptions to this. The College does not need to share, for example, documents covered by solicitor-client privilege, which protects confidential communications between a lawyer and their client.

The College’s responsibility doesn’t end with the initial disclosure. The College must continue to disclose to you all potentially relevant documents as soon as possible after receiving or creating them. (See Rule 7.1.4) 

If you believe that the College has additional documents that are relevant to your defence that have not been provided, you can file a motion with the Tribunal to request these documents. This motion must be filed no later than 90 days after receiving the College’s disclosure. The documentation in support of your motion must include prior correspondence requesting the documents from the College representative and the College representative’s response. (See Rule 7.1.3) 

It is important to remember that, with limited exceptions, you can only use disclosed materials for the purpose of the hearing. The Tribunal may also place further conditions on the use of these documents to ensure they are handled appropriately. (See Rule 7.1.5)

Records Held By Third Parties

If you want to obtain documents from a person or organization other than the College to use in the hearing, a separate motion is required. The process for obtaining records from a third party, including timelines, is set out in Rule 11.3. The Code contains some limits on your ability to obtain records from a third party (see section 42.2).