Marginal note:Order
  •  (1) The judge hearing the application may compel the production of all or any of the information or documents for review in private.

  • (2) In order to assist in the review, the judge may conduct all or part of the review in camera with only counsel present.

PART 11PRODUCTION OF THIRD PARTY DOCUMENTS

Marginal note:Application of Part
  •  (1) This Part applies generally to an application to compel the production of documents in the possession or control of parties other than the prosecutor.

  • (2) Subject to any special statutory provisions, this Part applies, with such modifications as the circumstances require, to production of third party documents.

Marginal note:Application for production
  •  (1) An application shall be made by notice of motion in Form 1 of the schedule supported by an affidavit of or on behalf of the applicant setting out with particularity the documents sought and the specific grounds for production.

  • (2) The requirement for written notice of motion and an affidavit may be waived by the presiding judge where the judge considers it necessary in the interests of justice.

Marginal note:Notice of application
  •  (1) The notice of motion and a copy of any supporting affidavit shall be served on

    • (a) the prosecutor;

    • (b) the person, agency or other body in possession of the documents sought to be disclosed;

    • (c) the person to whom the documents relate; and

    • (d) any other person who, to the knowledge of the applicant, may have a reasonable expectation of privacy in respect of the documents.

  • (2) In addition to serving notice, the applicant shall obtain and serve on the custodian of the documents a subpoena requiring that the documents be sealed and brought to the hearing of the application.

Marginal note:Hearing
  •  (1) The application shall be heard by

    • (a) the trial judge, where one has been designated; or

    • (b) any judge of the Court, where the trial judge has not been designated.

  • (2) The judge hearing the application may permit evidence to be given by affidavit or orally or otherwise as the judge considers necessary to determine the issues.

  • (3) The hearing shall be conducted as a voir dire, and may be conducted in camera if the presiding judge considers it necessary in the interests of justice to do so.

Marginal note:Persons entitled to present evidence, argument

 The custodian of the documents, the person to whom the documents relate and any person who has a privacy interest in the documents are entitled to present evidence and argument as to the issues raised by the application, but they are not compellable witnesses on the hearing of the application at the instance of either the accused or the prosecutor.