The Devil Is in the Disclosure: The Role of R. v. Stinchcombe in Establishing Appropriate Disclosure Rules for Administrative Tribunals

Abstract

This article examines disclosure rules for administrative tribunals in light of the decision of the Supreme Court of Canada in R. v. Stinchcombe. The pre- and post-Stinchcombe administrative law cases relating to document disclosure are discussed with a view to determining the effect that Stinchcombe has had on the administrative process. It is argued that Stinchcombe has had a significant impact on judicial and legislative opinions regarding the importance of document disclosure on procedural fairness in administrative decision-making. However, the application of Stinchcombe in administrative law cases has been neither complete nor unanimous. The appropriateness of the principles of Stinchcombe in the context of proceedings before an administrative tribunal are discussed with specific regard to proceedings before the Alberta Energy and Utilities Board.