I have received and reviewed the initial disclosure package in the above-noted matter. I have reason to believe there exists materials of potential relevance that has not been disclosed and is required for full answer and defence. I wish to request as additional disclosure the following materials listed below.
Should any of the requested records not be in the possession of the Crown but are reasonably believed to exist, a will-say to that effect would be requested. Should any materials be in the police or Crown counsel related to this prosecution that has not be disclosed after review for relevancy and privilege, I would kindly ask that the records be identified where not otherwise clearly outlined previously, along with an indication of the reasons for withholding the record.
"Records", for the purpose of this request, include all typed or handwritten statements or notes, reports, letters, emails, memos, calendars, audio or video recordings. This would include any electronically stored records, including those that were previously deleted but are recoverable by forensic means.
I would kindly ask for disclosure of the following material records:
- All records relating the statements (formal or informal, recorded, reduced to writing, or otherwise) given by the following relevant persons:
- [list people and identify the specific format of the statement if known]
- All records that are referenced by [witness] during their interview on [date]. If present in disclosure, I would kindly appreciate that you could identify where in disclosure this could be found. These records consist of:
- [list the items that are mentioned in the particular statement]
- All relevant communications between AA and BB during the period of XX and YY.
- Judicial Authorizations
- A copy of the following Information(s) to Obtain:
- [list the type of warrant and the date of issuance]
- A copy of the following documents reviewed by the affiant before swearing the judicial authoriation(s):
- [list documents referenced in the ITO as being relied up]
- A copy of the record or photograph of the item listed in the exhibit report from the search of [date], consisting of the following:
- [list items in the search exhibit list that needs to be disclosed in record-form or simply photographed, such as a real object]
- Informer Evidence Supporting an ITO
- Any source handler notes that were created by the handler that related to information provided to the affiant prior to the swearing of the Information to Obtain. Should this request be denied on the basis of informer privilege, I would kindly ask for a list of note entries and total number of pages that satisfy this request.
- Other Investigations
- A copy of investigative file # ________ [assuming there is a material connection to the case]
- Completness of Materials
- Please confirm that the entire contents of XXX was provided in disclosure. If not complete, we would kindly ask for the entirety of the contents.
- Legibility and Redactions
- The following pages of disclosure are illegible. I would kindly ask if you could provide a legible copy.
- The following pages of disclosure have been redacted without notation as to the reason why. Could you kindly indicate the nature of the contents and reason for redaction.
Please advise me if I can be of any assistance and can clarify anything part of this request.