This is a ruling on stage one of a third-party records application brought by the defence in a criminal proceeding.
The accused sought records from the Toronto Police Service's Professional Standards Unit concerning an investigation into the unauthorized public release of an in-car camera video of the accused.
The court found that the defence discharged its onus on stage one, establishing that the records were likely relevant to issues at trial, including potential animus of arresting officers and the evidentiary foundation for a Charter application.
The court ordered the records to be produced for judicial review to determine stage two of the application.
