Court and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20210309 DOCKET: M52247 (C64759)

Watt, Benotto and Jamal JJ.A.

BETWEEN

Her Majesty the Queen Respondent

and

Roger Bristol Applicant

Counsel: Andrew Menchynski, for the applicant Manasvin Goswami, for the respondent

Heard: March 1, 2021 in writing

Reasons for Decision

[1] The appellant seeks an order for production of the lockdown records of Toronto South Detention Centre during the period of his detention there prior to his sentencing on September 19, 2016. The respondent consents to the order under s. 683(1)(a) of the Criminal Code, but reserves the right to challenge the admissibility of these records when they are tendered as fresh evidence on the hearing of the appellant’s sentence appeal.

[2] We are satisfied that the interests of justice warrant the order sought.

[3] An order will issue, in terms to be agreed upon by the parties and approved by the court, directing the Superintendent of the Toronto South Detention Centre or their designate to produce the lockdown records of the Toronto South Detention Centre for the period of the appellant’s detention there prior to sentencing on September 19, 2016. The records are to disclose the lockdown dates and the reasons for the lockdowns.

"David Watt J.A."

"M.L. Benotto J.A."

"M. Jamal J.A."