Jason Fraser

This decision addresses an application by the York Regional Police (YRP) for standing to make submissions in a disclosure classification hearing.

The defence sought police policy documents, and the core issue was whether these were first-party (Crown's automatic disclosure) or third-party (O'Connor regime) records.

The YRP, supported by the Crown, argued for standing, while the defence objected.

The court granted YRP standing, emphasizing that police forces have a direct interest in disclosure issues concerning their own records and that substance should prevail over form, especially when the Crown's position aligns with the police.

The defendant, Giuseppe Galati, facing a dangerous driving charge, brought an application for disclosure of the York Regional Police's (YRP) Suspect Apprehension Pursuit (SAP) policies and procedures.

The Crown and YRP opposed the request, arguing it was a speculative fishing expedition.

The court, applying the 'obviously relevant' test from R. v. Gubbins, found that the SAP policy was relevant to the credibility of the central Crown witness (PC Skelly) and the defence's ability to make full answer and defence.

The court ordered the YRP to disclose the SAP policy created pursuant to O. Reg. 266/10, but declined to order a broader disclosure of all pursuit-related policies as overly vague.