The motion judge rejected the submission of the Crown
and OPP that disclosure of the rolling logs was barred because
it would constitute an offence under s. 258.1(5) of the Criminal
Code even if the results of other evaluations were anonymized.
He concluded that since the prosecution of Ms. Stipo was
a proceeding for a listed offence, disclosure of the results of
other drug influence evaluations was not barred by the offence-creating provision of s. 258.1(5) due to the exception in
 Even if disclosure of the rolling logs were governed by the
third party regime of R. v. O’Connor,  4 S.C.R. 411, 
S.C.J. No. 98, the motion judge continued, the logs were “likely
relevant”, thus producible for inspection and a final decision on
 Before the motion judge, but not before the trial judge, the
Crown and OPP invoked s. 37 of the Canada Evidence Act, R.S.C.
1985, c. C-5 (“CEA”) as a bar to disclosure. The section allows the
Crown to object to disclosure of information based on a “specified
public interest”. The specified public interest advanced in this
( i) the interest in respecting parliamentary authority;
( ii) the interest in maintaining a functioning democracy and in
Parliament’s ability to function as the legislative body;
( iii) the public interest in prosecuting impaired driving cases; and
( iv) the privacy interest of third parties.
The motion judge was satisfied that none of the interests identified
by the Crown and OPP fell within the range of “specified public
interest” in s. 37 of the CEA and that even if one or more of them
did, it did not justify a refusal to order disclosure.
The Grounds of Appeal
 The Crown and OPP (the “appellants”) raise three
grounds of appeal. They contend that the motion judge erred
( i) in finding that the DRE’s rolling log was a record disclosure
of which was governed by the first party regime of Stinch-
combe, not the third party regime of O’Connor;
( ii) in finding that the DRE’s rolling log was relevant to an issue
at the respondent’s trial; and
( iii) in failing to find that s. 258.1 barred disclosure of the rolling
log even if anonymized.