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The court dismissed William Robert Majcherâs application for disclosure or production of FPNS records, holding the records were third-party operational materials and not likely relevant.
On a voir dire, the court refused third-party disclosure of RCMP records about Mustafa Ahmad, finding the defence theory of police agency remained speculative.
The court dismissed an O'Connor application for the RCMP Mackenzie file, finding the accused had not shown the requested records were likely relevant.
The judge concluded the defence did not establish on a caseâspecific evidentiary foundation that the requested IWK, Roth Associates (JB oneâtime contacts and MR ongoing therapy) and January 2007 DCS case recording were likely relevant to an issue at trial or, alternatively, that production was necessary in the interests of justice. The therapeutic records have high privacy expectations and low probative value in the circumstances; the accused already had significant disclosure (police statements, videotaped interview, preliminary inquiry crossâexamination) and elected not to call or fully exaâŚ
Source excerpt
The court dismissed a defence application for PRIME and PIRS police records, holding the request was for third-party records and had not met O'Connor likely relevance.
The court dismissed a defence bid to compel Patrick Kinsella to testify and issue a subpoena in a third-party records application, holding the O'Connor threshold must be met on the filed materials.
The court granted the first stage of an O'Connor application for correctional records of a proposed jailhouse informant, finding likely relevance to credibility and defence rights.
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