Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

• 24.10 (1) The witness shall bring to the examination and produce for inspection all documents and things in his or her possession, control or power that are not privileged and that the process compelling attendance requires the person to bring.

Process May Require Documents and Things

• (2) The process which compels the attendance of a witness may require the witness to bring to the examination and produce for inspection:

  • (a) all documents and things relating to any matter in issue in the proceeding that are in his or her possession, control or power and are not privileged; or,

  • (b) such documents or things described in clause (a) as are specified in the process compelling attendance,

  unless the commissioner orders otherwise in the interests of justice.

Duty to Produce Other Documents

• (3) Where a witness, on examination upon a commission, admits that he or she has possession or control of or power over any other document that relates to a matter in issue in the proceeding and is not privileged, the witness shall produce it for inspection by the examining party forthwith, if the person has the document at the examination, and if not, within two days thereafter, unless the commissioner orders otherwise in the interests of justice.