The Crown and the Ontario Provincial Police applied for certiorari to quash a trial judge's order requiring the disclosure of a Drug Recognition Expert's (DRE) rolling logs to the accused in an impaired driving trial.
The applicants argued the logs were irrelevant third-party records and that disclosure was prohibited by s. 258.1 of the Criminal Code and s. 37 of the Canada Evidence Act.
The Superior Court dismissed the application, finding that the rolling logs are relevant to the DRE's proficiency, constitute 'fruits of the investigation' subject to first-party disclosure, and are not shielded from disclosure by statutory privacy or public interest provisions.
