OUELLETTE v MAY, 2021 ABQB 124
MCDONALD, O'FERRALL AND SCHUTZ JJA
5.10: Subsequent disclosure of records
5.6: Form and contents of affidavit of records
The Applicant/Plaintiff appealed the Decision of a Chambers Judge who had dismissed his Appeals from two Orders granted by two separate Masters. The Respondents to the Appeal included two Provincial Crown Prosecutors, the Federal Crown, and the Provincial Crown. One of the issues on Appeal was whether the individual Respondents should be required to provide further and better Affidavits of Records, despite the fact the Provincial Crown disclosed the relevant and material records in its Affidavit of Records.
Both the Masters and the Chambers Judge concluded that the relevant and material records were in the control of the Provincial Crown, and the individual Respondents were not required to produce these records in their respective Affidavits of Records. The Appellant took the position that the prosecution records can be in the control of both the Provincial Crown and the individual Prosecutors, pursuant to Kaddoura v Hanson, 2015 ABCA 154 and Rule 5.6(1)(b)(ii). The Court of Appeal held that there is no practical reason nor prejudice requiring the individual Respondents to reproduce the relevant material and documents and dismissed the Appeal on these grounds.
The Court further reminded all parties that under Rule 5.10, there is a continuing obligation to disclose all relevant and material records after service of an Affidavit of Records.View CanLII Details