Andrew Shatto

Accused charged with multiple assaults against their children sought disclosure of third‑party records held by a child protection agency.

The defence argued the records were likely relevant to the credibility and reliability of the child complainants because they contained allegations made by the children against other individuals.

Applying the likely relevance test from O’Connor and related authorities, the court held that speculative requests for third‑party records are impermissible but found sufficient case‑specific evidence that similar allegations had been made and at least partially recanted or determined unfounded.

The court concluded the threshold for stage‑one production was met and ordered the records unsealed for judicial review before determining whether disclosure to the defence should occur.

The accused was charged with six offences including sexual assault, sexual interference, and invitation to sexual touching involving two complainants, his daughter and granddaughter, relating to alleged incidents occurring over many years.

After a brief judge-alone trial, the court assessed the credibility and reliability of both complainants.

The court found numerous material inconsistencies and omissions in the granddaughter’s evidence, raising significant reliability concerns.

Although the daughter’s testimony was closer to meeting the criminal standard, the court found her evidence overly vague and implausible in certain respects, and noted the absence of expected corroborative circumstances.

Applying the criminal standard of proof beyond a reasonable doubt, the court concluded the Crown had not proven any of the charges.

The accused brought an application seeking disclosure of third‑party mental health records belonging to a witness from a treatment facility.

Following a prior order requiring production of the records to the court for review, the judge conducted an in camera inspection and issued a judicial summary for counsel.

The court concluded that most of the records were not relevant to the charges, the witness’s memory, or competence to testify.

However, several specified documents relating to mental health assessments and progress notes were identified as potentially relevant to issues at trial.

The records remained sealed pending a further hearing to determine whether any should be disclosed to the defence.

The accused, charged with historical sexual offences against his daughter and granddaughter, brought an application for the production of the daughter's therapeutic records from a health centre.

The complainant opposed the application.

The court found that the accused established the records were likely relevant to an issue at trial, specifically the reliability of the complainant's memory, as she had admitted to police and at the preliminary inquiry that electro-shock treatments had affected her memory.

The court ordered the records to be produced for judicial review at the first stage of the application.