( ii) disclosure of the rolling logs was governed by the first party
disclosure regime under Stinchcombe; and
( iii) disclosure was not prohibited by the provisions of s. 258.1(2)
and (5) of the Criminal Code.
 In addition, the OPP continues, the trial judge’s refusal to
allow the force as the record holder to make submissions about
disclosure breached the principles of natural justice. This too
permitted the OPP to access certiorari to challenge the trial
 The respondent contends that Awashish has no bearing on
our determination of this appeal. The disclosure order made at
trial was a final order against the OPP, the record holder. And as
the record holder, the OPP can invoke certiorari to correct what it
alleges to be errors of law on the face of the record, as well as
alleged breaches of the principles of natural justice. Here, the
record holder and the Crown advance the same arguments about
the character of the impugned record and whether it was
improperly ordered disclosed. The decision in Awashish does not
erect any bar to a decision on the merits.
The governing principles
 In Awashish, the parties were at loggerheads over disclosure of documents said to be relevant to the defence against
charges, among them impaired operation of a motor vehicle. The
documents sought related to the maintenance of the breathalyzer
machine used in the investigation. A judge of the Superior Court
of Quebec quashed an order of a judge of the trial court requiring
the Crown to inquire into the existence of certain documents
relating to breathalyzer maintenance. The Quebec Court of
Appeal held that although certiorari was available to an accused
where a judge acted without jurisdiction, and sometimes, when
a judge erred in law in the face of the record, the remedy was not
available to the Crown in this case because the decision was made
in the exercise of the trial court’s jurisdiction. The Crown
appealed to the Supreme Court of Canada.
 The Supreme Court of Canada dismissed the Crown
appeal. In doing so, Rowe J., who delivered the judgment of the
unanimous and full court, set out several principles concerning
the availability of certiorari to review orders made by provincial
court judges on pre-trial applications.
 First, extraordinary remedies, among them certiorari, are
available to the parties in criminal proceedings only for jurisdictional errors by a provincial court judge: Awashish, at para. 20.