Law Society of Ontario (LSO) Paralegal Practice Exam

What is the first step in the two-stage procedure for a third-party records application?

1. Determining the relevance of records

2. Ascertaining the defendant's prior convictions

3. Balancing interests of privacy and justice

4. Assessing reasons for the request by the prosecution

The correct answer is: Determining the relevance of records

The first step in the two-stage procedure for a third-party records application is determining the relevance of records. This is crucial because the court must first establish whether the records sought by the requesting party (often the prosecution) are pertinent to the case at hand. This relevance assessment ensures that any disclosure of records is justified and that the judicial process focuses on information that may significantly affect the outcome of the trial. If the records are deemed irrelevant, there would be no further justification for requesting them, thus protecting the privacy rights of the individual to whom the records pertain. Establishing relevance also helps streamline the legal process by filtering out unnecessary information early, ensuring that only pertinent matters are considered in court proceedings. In this context, the other options relate to various aspects that might come into play later in the process, such as balancing privacy interests against the principles of justice or assessing prosecution motives. However, these considerations follow the initial determination of what records are relevant to the case.