Statutes referred to
Canada Evidence Act, R.S.C. 1985, c. C-5, s. 37 [as am.]
Canadian Charter of Rights and Freedoms
Criminal Code, R.S.C. 1985, c. C-46, Part VIII [as am.], ss. 254(1) [rep.], (3.1)
[rep.], (3.4) [rep.], 258.1 [rep.], (1) [rep.], (2) [rep.], (a) [rep.], (3) [rep.], (4)
[rep.], (5) [rep.], 278.1 [as am.], 320.36(2), (4), 657.3 [as am.], (3)(a), ( iii),
732.11(2), (3), 742.31(2), (3), 810.4(2), (3)
Authorities referred to
Driedger, Elmer, Construction of Statutes, 2nd ed. (Toronto: Butterworths, 1983)
APPEAL from the judgment of Schreck J.,  O.J. No. 4648,
2017 ONSC 5208 (S.C.J.) dismissing an application for an order of
certiorari with prohibition in aid.
James V. Palangio, for appellant Attorney General of Ontario.
Andrea Huckins, for appellant Ontario Provincial Police.
Mark Halfyard and Louie R. Genova, for respondent.
Howard L. Krongold and Chris Sewrattan, for intervenor
Criminal Lawyers’ Association.
The judgment of the court was delivered by
 WATT J.A.: — Barbara Stipo had a motor vehicle accident.
Her Porsche collided with a Toyota Prius.
 Police investigated the accident. An officer charged Ms. Stipo
with operating a motor vehicle while her ability to do so was
impaired by a drug.
 A drug recognition expert (“DRE”) conducted a drug recognition evaluation. The DRE demanded that Ms. Stipo provide
a sample of urine. Barbara Stipo complied. Later, a toxicological
analysis of Ms. Stipo’s urine sample confirmed the presence of
seven different drugs.
 As the trial was about to begin before a judge of the Ontario
Court of Justice, Ms. Stipo sought disclosure from the Crown of
( i) the training manual the DRE used in his training and used
or relied on in his dealings with Ms. Stipo;
( ii) a copy of the DRE’s rolling log of drug influence evaluations,
beginning with his training to obtain certification and continuing until the date of the application, including his dealings with Ms. Stipo and any toxicological corroboration of his
( iii) a copy of the DRE’s training record disclosing the results of
his training examinations resulting in his certification and
any toxicological corroboration of his training examinations;