F.M. Kelly

The defence brought a pre-trial motion for disclosure of communications between the investigating officer and the Crown attorney regarding an infotainment system warrant, following the Crown's filing of an affidavit by the officer.

The defence argued the materials were relevant to the officer's credibility and the validity of the warrant.

The Crown opposed, arguing the request was overly broad and a "fishing expedition." The court, following an in camera review of the requested documents, ordered the disclosure of specific emails and a volume of documents deemed relevant to the officer's credibility.

The applicant brought a pre-trial motion to exclude Crown evidence due to alleged s. 8 Charter breaches.

In response to an affidavit filed by the investigating officer, the applicant sought disclosure of all recorded communications between the officer and the Crown Attorney regarding a warrant.

The Crown did not object to providing the materials to the judge for review.

The court ordered the Crown to provide the requested information for the judge's review pursuant to R. v. Dixon and R. v. Chu.