What is the common law procedure for producing records relating to a complainant or witness in the possession of a third party?
Alberta, Canada
The following excerpt is from R. v. Fayant, 2004 ABQB 436 (CanLII):
This is an application for the production of records relating to a complainant or witness in the possession of a third party. The statutory procedure for the production of records contained in ss. 278.2 - 278.9 does not apply, as the offences charged in this case are not among those listed in s. 278.2(1)(a). The procedure is therefore governed by the common law procedure detailed in O’Connor v. The Queen (1995), 1995 CanLII 51 (SCC), 103 C.C.C. (3d) 1 (S.C.C.). The application is brought before me as the trial judge assigned to this matter, prior to the empanelling of the jury.
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