Wagg Orders

When criminal disclosure is sought to be used in a civil proceeding a Wagg order to allow for same is necessary. Such order must be obtained regardless of the status of the criminal case -- specifically it is needed even after the criminal case is concluded.

In general, whenever the issue of Crown Brief disclosure arises in a civil matter:

1. Where a defendant in a civil action has received disclosure in a related criminal proceeding, the defendant must identify the documents in his affidavit of documents, and describe in general terms the nature of its contents. However, the defendant should object to producing the materials on the basis of public interest.

2. If a plaintiff wishes to gain access to the Crown Brief materials, the plaintiff must notify all parties, the Attorney General, and the relevant police agency of the request. If all parties agree to production then no motion need be brought; as this almost never happens a motion will be necessary.

3. Typically, Wagg applications are brought by way of motion under Rule 30.10 for non-party documents. Although both the Attorney General and the relevant police agency should be served with the motion, the Attorney General takes the lead in responding to motions. Counsel in the Crown Law Office-Civil, the central litigation office within the Ministry of the Attorney General, represents the interests of the Attorney General.  Production could also be sought directly from the defendant where the defendant is already in possession of the entire Crown Brief. However, since notice must also be provided to the Ministry of the Attorney General and the relevant police agency, motions are more commonly sought under Rule 30.10.