The accused was charged with murder.
A third party, the appellant, had allegedly confessed to the murder to his girlfriend and to his lawyers.
The accused brought a McClure application seeking production of the appellant's solicitor-client files to raise a reasonable doubt.
The motions judge granted the application.
The Supreme Court of Canada allowed the appellant's appeal, finding the application was premature.
The accused had not established that the information was unavailable from any other source, as the girlfriend's testimony might be admissible.
Furthermore, it was not yet clear that the accused could not raise a reasonable doubt in any other way.
