L'État n'est pas tenu de divulguer absolument tous les éléments de preuve avant la fixation de la date du procès, seulement l'essence de la communication de la preuve

R. v. Kovacs-Tatar, 2004 CanLII 42923 (ON CA)

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[47] Something should be said about counsel's refusal to set a date because the expert report was not available. The Crown is obliged to make initial disclosure before the accused is called upon to plead or to elect the mode of his trial. See the comments of Sopinka J. in R. v. Stinchcombe, 1991 CanLII 45 (SCC), [1991] 3 S.C.R. 326, 68 C.C.C. (3d) 1, at pp. 342-43 S.C.R., pp. 13-14 C.C.C. In this case, since the Crown had elected to proceed summarily, election of the mode of trial was not an issue. Having regard to the length of time before trial, the appellant's counsel knew the expert's report would be completed many months before the appellant had to plead and the appellant would have had ample time to obtain his own expert's report had he wished to do so. Also, because the obligation of the Crown to make disclosure is a continuing one, the Crown is not obliged to disclose every last bit of evidence before a trial date is set. The defence was not forfeiting its "Stinchcombe rights" by agreeing to set a tri al date. Counsel for the appellant did not act reasonably in insisting that he receive the expert report before setting a trial date.