Appeal concerning the scope of Crown disclosure of maintenance records of breath testing instruments.

Held: Appeals allowed.

Breathalyzer instruments are approved under the authority of s. 254 CC, and are presumptively reliable. Proper disclosure is key to trial fairness, however, “it is important for the effective administration of justice that criminal trials remain focused on the issues:” McNeil, 2009 SCC 3. As per Jackson, 2015 ONCA 832, the Crown is not required, in the ordinary course, to provide historical maintenance records under the Stinchcombe regime. Only those records that are contemporaneous with the criminal charge before the Court ought to be considered “the fruits of the investigation.” Defence required to establish “likely relevance” as per O’Connor regime to obtain disclosure. Rowbotham, JA dissented in part.

S. Prithipaul, T. Foster –

Defence Counsel