Application for production order (Re)

Application for production order (Re)

The production order was refused because the ex parte ITO did not meet the statutory standard of reasonable grounds to believe — it overstated and failed to disclose witness evidence, relied on suspicion rather than belief, and sought records for an investigation tainted by premature fixation on a person of interest (tunnel vision), which made the purpose improper; therefore judicial discretion required denial of the order.

Citation
2020 NSPC 35
Parties
Applicant/prosecutor: Nova Scotia Public Prosecution Service; Applicant/investigator: Investigating peace officer (RCMP); Respondent/third‑party Custodian: Health authority (medical records custodian); Judicial Officer: The Honourable Judge Del W Atwood
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 September 2020
Procedural Posture
Application for Production Order Under Criminal Code S.487.014 / Ex Parte Application; Decision on Issuance of Production Order
Outcome
Application denied
Legal Topics
Production Order, Section 487.014, Ex Parte Proceedings, Reasonable Grounds to Believe, Investigative Disclosure
Source Language
English
Criminal Law Evidence Privacy Search and Seizure Production Order Section 487.014 Ex Parte Proceedings Reasonable Grounds to Believe +1 more

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Parties

Nova Scotia Public Prosecution Service

Applicant/prosecutor

Investigating peace officer (RCMP)

Applicant/investigator

Health authority (medical records custodian)

Respondent/third‑party Custodian

The Honourable Judge Del W Atwood

Judicial Officer

Procedural Posture

Application for Production Order Under Criminal Code S.487.014 / Ex Parte Application; Decision on Issuance of Production Order

Legal Issues

  1. 1 Whether the ex parte information to obtain (ITO) established reasonable grounds to believe an offence had been committed
  2. 2 Whether the medical records sought were in the custodian's possession and would afford evidence
  3. 3 Whether the ITO contained full and frank disclosure in an ex parte application

Ratio Decidendi

The production order was refused because the ex parte ITO did not meet the statutory standard of reasonable grounds to believe — it overstated and failed to disclose witness evidence, relied on suspicion rather than belief, and sought records for an investigation tainted by premature fixation on a person of interest (tunnel vision), which made the purpose improper; therefore judicial discretion required denial of the order.

Court Disposition

Application denied

Orders

  • No production order issued under s.487.014