The accused brought an application for disclosure of Source Debriefing Reports and Handler's notes relating to a confidential informant.
During a pre-trial Charter application, it became apparent that the Crown had not disclosed certain relevant information about the informant's credibility and reliability.
The Crown argued that providing a summary of the undisclosed information was sufficient and that it would not rely on the undisclosed information.
The court rejected this argument, holding that relevance is not determined by what the Crown chooses to rely on.
Applying the principles from Stinchcombe and McKenzie, the court ordered the Crown to disclose the requested reports and notes, redacted to protect informant privilege, to ensure the accused's right to make full answer and defence.
