Background
Richard Isaac appealed his conviction for second-degree murder. He sought records from the Toronto Police Service and the Ontario Provincial Police under s. 683(1)(a) of the Criminal Code, arguing they could assist a possible fresh-evidence application in his appeal.
In July 2026, the Court of Appeal had directed the police services to provide certain records to the court for review. The records concerned, among other matters, access to TPS evidence lockers, access to the scene, and OPP review materials. The court then reviewed the broader sealed record filed by the police services.
The Court’s Holding
The court held that specified TPS and OPP documents met the production test from R. v. Trotta. It directed production of the TPS “Access to Evidence” and “Access to Scene” tranches, as well as identified portions of three OPP record sets. It found that the TPS misconduct-investigation tranche and the second, fourth, and sixth OPP tranches did not meet the test.
The ruling was not a decision on the admissibility of any material in a future fresh-evidence application. Before releasing the records, the court required submissions on potential TPS privilege claims, possible relevance-based redactions to part of an OPP report, and conditions governing production. The parties were directed to file those submissions under seal.
Key Takeaways
- The court ordered limited production of police records to assist a possible fresh-evidence application.
- Production was subject to further rulings on privilege, redactions, and conditions of use.
- The court expressed no view on whether any produced record would ultimately be admissible.
Why It Matters
The decision illustrates the Court of Appeal’s supervisory role over post-conviction record requests made to support a potential fresh-evidence motion. It applies a relevance-focused screening process while preserving unresolved privilege and confidentiality issues.