The Crown and Peel Regional Police applied for access to a video exhibit previously ordered sealed in a sexual assault and sexual interference prosecution.
The video, likely child pornography, was in defence counsel's possession and had been sealed by a prior court order.
The applicants sought access for investigation and potential use in the prosecution.
The court, relying on R. v. Murray and Rule 5.1-2A of the Law Society of Ontario’s Rules of Professional Conduct, held that physical evidence documenting a crime, even if it contains both inculpatory and exculpatory elements, must be disclosed to authorities.
The application for access to the sealed exhibit was granted.
