Production Orders Under O'Connor

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 224-229

224 Preliminary Matters / Disclosure and Production / Production Orders

2.3(b)(i) Production Orders Under O’Connor

Who holds the materials sought by the accused?1

CrownA third party

Disclosure rules

apply: see Chart 2.3(a)2

Are the materials private records

of a complainant or witness in a

sexual oence case?3

No Yes

Statutory scheme applies:

see Chart 2.3(b)(ii)4

Is the material privileged?5

Yes

Is the court satisfied that the

materials are “likely relevant”?6

NoYes

The court shall

review the materials

Is the court satisfied, upon

balancing the rights of the

accused and the third party,

that the materials should be

produced?7

No production order

available8

Yes

Production

order available8

No

No