Crown appeal from a judicial stay granted after Crown had not disclosed maintenance logs for approved breath instruments.
Held: Appeal dismissed.
Crown argument that an evidentiary hearing is required when this form of disclosure is requested, rejected. In St-Onge Lamoureux, 2013 SCC 57, “the Supreme Court has decided that maintenance logs for approved instruments are relevant. No evidence on relevance is necessary.” Disclosure required to protect the fair trial right. “The Crown would ask the Court to peremptorily preclude the accused from obtaining information to assist in his or her defence; to consult with experts; and to make tactical decisions … I follow the decisions of my brother judges Graesser J. and Nixon, D.B. in Kilpatrick, 2013 ABQB 5 and Bassett,  AJ No. 1504.”
I. Savage, K. Beyak, Defence Counsel