The applicant professional regulatory body issued a summons to the respondent police chief for the production of a Crown brief related to criminal charges against a physician.
The respondent refused to comply, arguing that the screening process from D.P. v. Wagg applied.
On a stated case, the Divisional Court held that the public interest principles identified in Wagg apply to a summons issued by the regulatory body.
While the specific civil screening process is not strictly required, the lack of notice to the Attorney General and an opportunity to raise public interest concerns constitutes a lawful excuse for refusing to comply with the summons.
