Disclosure application. Accused was charged with possession of marijuana for the purposes of trafficking following a dog-sniff search. Issue of whether “C277” operational search documents from all prior investigations involving the same dog should be disclosed.
Held: Application allowed in part.
Records and tests of specific sniffer dogs are significant as to the reasonableness of the dog-sniff search: AM, 2008 SCC 19. Though in this case, the relevance of the information sought “may be on the low end as the reports relate to unrelated investigations, these reports contain information specific to Jet’s [dog’s] performance…the reports are producible, not because the defence is entitled to know everything Constable Ling knows, but because they may contain his opinions relating to Jet’s performance in other searches.” O’Connor application not required, as the records requested fell under Crown’s duty to “bridge the gap” between first- and third-party disclosure.
K. Molle – Defence Counsel