Crown application for leave to appeal from decisions requiring the disclosure of maintenance records for approved breath testing instruments.

Held: Leave granted.

Issue not fully answered by St-Onge Lamoureux [2012] 3 SCR 187, as “it would not be expected that the Supreme Court would modify a carefully constructed disclosure regime in a case that did not relate to disclosure.” Leave to appeal granted on the questions of whether “historical maintenance records of approved instruments are presumptively relevant; and whether the maintenance records for an approved instrument unrelated to the accused’s investigation are subject to Stinchcombe disclosure.”

S. Prithipaul, T. Foster –

Defence Counsel