What is the legal test for disclosure of legislation in a civil case?

In Danson v. Ontario (Attorney General), 1990 CanLII 93 (SCC), [1990] 2 S.C.R. 1086, Sopinka J. draws a distinction between two categories of facts in a constitutional dispute: “adjudicative facts”, which concern the immediate parties and which must be proved by admissible evidence, and “legislative facts”, which establish the purpose and background of legislation, including its social, economic and cultural context, and are subject to less stringent admissibility requirements. Evidence contemplated in the prosecution’s obligation to disclose falls under the first category, while the evidence requested by the defendants falls under the second.