The accused, charged with sexual assault, brought a motion seeking disclosure of police occurrence reports and investigative notes relating to interactions between the complainant, the accused, and the police shortly after the alleged offence.
The Crown argued the materials were third-party records subject to the regime under section 278.1 of the Criminal Code.
The court held that the records were intertwined with the allegations, constituted the fruits of the investigation, and did not carry a reasonable expectation of privacy.
Consequently, the court ruled the materials were first-party disclosure governed by Stinchcombe and ordered their production.
