Production Orders Under O'Connor

AuthorSteve Coughlan/Alex Gorlewski
Pages224-229
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
Crown A 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

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