APPROVED INSTRUMENT MAINTENANCE LOGS DISCLOSURE

In a disclosure case released after the Supreme Court of Canada released the R. v. St Onge Lamoureux decision, the Alberta Court of Queen's bench classified approved instrument maintenance logs as "first party" disclosure as opposed to "third party" disclosure.  The Court concluded that approved instrument maintenance logs "must be disclosed to an accused upon request", as opposed to the lengthier O'Connor type application required for records in the possession of a third party. The Court  did not make the same conclusion about approved screening device maintenance logs as "the ASD results are not conclusive of anything and are not evidentiary."  R. v. Kilpatrick, 2013 ABQB 5