The accused applied for disclosure of investigative materials held by the Toronto Police Service Professional Standards Unit relating to investigations of two individuals connected to a large-scale drug investigation known as Project Gladiator.
The Crown argued the records constituted third‑party records requiring an O’Connor application, while the defence asserted they formed part of the fruits of the investigation subject to Stinchcombe disclosure.
The court found the investigations of the two individuals were intertwined with the criminal investigation of the accused and were conducted as part of the same joint police investigation.
Because the materials could assist the defence, including supporting alternate suspect theories, they constituted first‑party disclosure.
The court ordered disclosure under the Stinchcombe regime.
