Ground #1: The First Party Disclosure Issue
 This ground of appeal challenges the correctness of the trial
and motion judges’ decisions that disclosure of the rolling log is
governed by the first party regime of Stinchcombe, not the third
party scheme of O’Connor.
 To situate the claim of error in its proper environment,
a brief refresher about the origins, nature and control of the
rolling logs will provide a suitable frame of reference for the discussion that follows.
The rolling logs
 The rolling log is a document created and maintained as
part of a DRE’s professional obligations. It records the tests and
evaluations the DRE conducts or observes from the beginning of
training, which culminates in certification as a DRE, up to the
time the DRE testifies at trial. For each evaluation, the log
( i) the name and date of birth of the person who is evaluated;
( ii) the date of the evaluation;
( iii) the DRE’s conclusion about drug impairment; and
( iv) the results of toxicological testing as corroborative or contra-
dictive of the DRE’s evaluation.
 The rolling log is historical in that it records evaluations
conducted or observed prior to that involving the person charged.
But it is also prospective for it includes evaluations conducted or
observed after that of the accused up to the time of the DRE’s
testimony. Among its entries, of course, are the particulars of the
DRE’s evaluation of the accused, disclosure of which is governed
by Stinchcombe and has been made here.
 The only connection of the rolling log with the investigation of an individual accused is the entry in the log relating to the
DRE’s evaluation of that accused and any confirmation or contradiction of the DRE’s opinion by toxicological testing.
Crown to fully relitigate the trial judge’s ruling on the rolling log before the
superior court, even on non-jurisdictional issues. Had the Crown prevailed
before the trial judge, the accused would not have had a similar
opportunity. For the present purposes, I assume, without deciding, that the
OPP was able to invoke certiorari in this way.