Applications for Third-Party Records: The Realtionship of the O'Connor Procedure to Other Application Procedures
AbstractThe author presents an in-depth analysis of the application procedure by an accused for the production of records held by third parties developed in R. v. O'Connor. The appropriateness of using the O'Connor procedure respecting the various classes of records is explored, especially in light of the Mills procedure, the McClure procedure and the Stinchcombe disclosure rules. This complex and intricate area of the law is examined and conclusions are drawn regarding when the O'Connor procedure should be employed by an accused seeking the pretrial production of records in the custody of third parties.
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