What is the test for producing or failing to produce a record at trial?
Ontario, Canada
The following excerpt is from R. v. J.F., 2017 ONCJ 96 (CanLII):
The relevant factors include: i. the extent to which the record is necessary for the accused to make full answer and defence; ii. the probative value of the record; iii. the nature and extent of the reasonable expectation of privacy vested in the record; iv. potential prejudice to the dignity, privacy or security of the person of the individual who is the subject of the record; and v. the effect on the integrity of the trial process of producing or failing to produce the record: R v Bradley at para 87.
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