The applicants sought judicial review of an interlocutory decision by the Coroner refusing to issue a summons for the production of videos depicting interactions between correctional staff and the deceased, Ashley Smith.
The Divisional Court found that the Coroner applied an incorrect and overly stringent test by requiring a demonstrated 'nexus' between the videos and the death, rather than assessing whether the evidence was 'material' to the purposes of the inquest.
The Court quashed the Coroner's decision and remitted the issue for reconsideration, holding that the denial of access to potentially relevant evidence constituted a breach of natural justice.
