and Classification Program, a document filed on the hearing of
the appeal, the IACP Highway Safety Committee advises:
In order to be accepted as a credible witness, the DRE must be able to docu-
ment and articulate a body of information concerning training, qualifications,
and experience in the field of drug evaluation and classification. Toward this
end, candidates are instructed in the importance and proper preparation of
a curriculum vitae.
 Each individual DRE is to maintain copies of all drug evaluations, evaluation logs, their CV, certification and recertification
progress logs and certificates.
The Decision of the Trial Judge
 The trial judge was satisfied that the records sought were
relevant in that they could assist defence counsel in undermining
the DRE’s conclusion, impeaching the reliability of his opinion
and demonstrating bias. He concluded that the first party
disclosure regime of R. v. Stinchcombe,  3 S.C.R. 326, 
S.C.J. No. 83 governed release of the records to defence counsel.
 The trial judge then turned to the submission of the
Crown that disclosure of the records sought was prohibited by the
provisions of s. 258.1(2) and (5) of the Criminal Code, R.S.C.
1985, c. C-46. These sections provide:
258.1(2) Subject to subsections (3) and (4), no person shall use, disclose or
allow the disclosure of the results of physical coordination tests under para-
graph 254(2)(a), the results of an evaluation under subsection 254(3.1), the
results of the analysis of a bodily substance taken under paragraph 254(2)(b),
subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the
person from whom it was taken after a request by a peace officer, or the
results of the analysis of medical samples that are provided by consent and
subsequently seized under a warrant, except
(a) in the course of an investigation of, or in a proceeding for, an offence
under any of sections 220, 221, 236 and 249 to 255, an offence
under Part I of the Aeronautics Act, or an offence under the Rail-
way Safety Act in respect of a contravention of a rule or regulation
made under that Act respecting the use of alcohol or a drug; or
(b) for the purpose of the administration or enforcement of the law of
(5) Every person who contravenes subsection (1) or (2) is guilty of an
offence punishable on summary conviction.1
1 These provisions were repealed by S.C. 2018, c. 21, s. 14. In somewhat
different form, the provisions are now s. 320.36(2) and (4).