The defendants brought an application for disclosure of information related to four other land development projects, arguing it was relevant for full answer and defence, due diligence, and to demonstrate inconsistent application of environmental legislation by the Ministry.
The court determined that the materials sought were not first-party disclosure in the possession or control of the prosecution but rather third-party records held by the Ministry of Natural Resources and Forestry.
The court outlined the proper two-step process for a third-party production application, emphasizing the need to notify the record holder and any parties with privacy interests, and provided guidance on the Crown's duty to inquire.
The application for disclosure was not granted as first-party, but the court provided a procedural path for the defendants to pursue it as third-party production.
