Un accusé ne peut pas être forcé d'exercer son option ou de fixer son dossier à procès tant qu'il ne reçoit pas l'essence de la communication de la preuve

R. v. Girimonte, 1997 CanLII 1866 (ON CA)

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The Crown's obligation to disclose is triggered by a request for disclosure from counsel for an accused. Initial disclosure must occur sufficiently before the accused is called upon to elect or plead so as to permit the accused to make an informed decision as to the mode of trial and the appropriate plea. In a perfect world, initial disclosure would also be complete disclosure. However, as is recognized in Stinchcombe, supra, at p. 343 S.C.R., p. 221 C.R.R., p. 14 C.C.C., the Crown will often be unable to make complete disclosure at the initial stage of the disclosure process. There will also be rare cases in which the Crown can properly delay disclosure until an investigation is completed. If full disclosure cannot be made when initial disclosure is provided, the Crown's obligation to disclose is an ongoing one and requires that disclosure be made as it becomes available and be completed as soon as is reasonably possible. In any event, an accused will not be compelled to elect or plead if the accused has not received sufficient disclosure to allow the accused to make an informed decision.