Statutory Production Orders

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 230-238

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

Yes

The court may order

that the materials be

produced to the accused,

with reasons8

No

No production order

available8

Who has the materials?3

Crown Third party

Has the witness or complainant waived

protection of the statutory regime?4

Yes

Disclosure rules

apply: see Chart 2.3(a)

No

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

Yes

No