Under O’Connor the applicant is to establish under the test of likely relevance that there is a reasonable possibility the information is logically probative to an issue at trial, which also includes evidence relating to the credibility of witnesses and the reliability of other evidence. In Regina v. Batte supra at para 75 Doherty J.A., in reference to the common law scheme referred to in O’Connor, noted that: The mere assertion that a record is relevant to credibility is not enough. An accused must point to some “case specific evidence or information” to justify that assertion. In my view, an accused must be able to point to something in the record adduced on the motion that suggests that the records contain information which is not already available to the defence or has potential impeachment value.
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