The Crown has its general duty to disclose. That comes out of the older cases such as Stinchcombe, of course, as you know. In that duty to disclose generally the fruits of the investigation to the accused person is tempered and restricted by the private records regime. The private records regime says if you have this category of records, even if it's part of the investigation, you must hold off and you must notify, and then an application must be made so that we can ensure that these protections are in place.
The explicit waiver provision that is in existence right now in the code allows for you to override that and produce those documents just for disclosure to the defence at this time.