The Crown and Ottawa Police Service brought certiorari applications to quash disclosure orders made by three application judges.
These orders required the disclosure of Drug Recognition Expert (DRE) rolling logs and face sheets to the respondents, who were charged with drug-impaired driving.
The Crown argued that disclosure was prohibited by s. 258.1 of the Criminal Code or, alternatively, that the records were third-party records and not relevant.
The court dismissed the certiorari applications, finding that the application judges did not exceed their jurisdiction, s. 258.1 of the Code did not bar disclosure, and the rolling logs and face sheets were relevant third-party records.
The court also declined to order a new hearing for one respondent despite an error in denying standing to the Ottawa Police Service, citing judicial efficiency and the respondents' s. 11(b) rights.
