On this application, the appellant seeks disclosure of the scoring matrixes from the Static-99-R and Stable-2007 tests. In his affidavit, the appellant states that he was not aware of his rights to access these scoring matrixes until after his habeas corpus hearing. He now seeks this information so that he can make an informed decision as to its importance and determine if he wants to make an application to submit fresh evidence. He relies on Mission Institution v. Khela, 2014 SCC 24 [Khela].
A justice in chambers has the discretionary power to order the production of documents so that a party may consider whether to bring a fresh evidence application. The applicable law was summarized by Madam Justice MacKenzie in Koch v. Koch, 2012 BCCA 280 at paras. 21-27. While a judge in chambers has the discretionary power to compel the production of documents, a precondition to such an order is that the documents have potential relevance.
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