Statutory Production Orders

AuthorSteve Coughlan/Alex Gorlewski
230 Preliminary Matters / Disclosure and Production / Production Orders
2.3(b)(ii) Statutory Production Orders
Do the materials relate to a complainant or
witness for an oence listed in s 278.2?1
Yes No
Is the court satisfied that the materials are likely
relevant and that production is necessary in the
interests of justice?6
Yes No
Is the court satisfied, upon reviewing
the materials, that they should be
produced to the accused?7
The court may order
that the materials be
produced to the accused,
with reasons8
No production order
Who has the materials?3
Crown Third party
Has the witness or complainant waived
protection of the statutory regime?4
Disclosure rules
apply: see Chart 2.3(a)
Accused to make application
establishing relevance of the materials5
A common law
production order might be
available: see Chart 2.3(b)(i)
Do the materials meet
the definition of “record” in
s 278.1?2

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