The accused, charged with sexual assault and other offences, sought leave under s. 278.92 of the Criminal Code to use the complainant's hospital records during cross-examination.
The records, which were disclosed by the Crown, contained statements made by the complainant to a social worker and physician that were inconsistent with her subsequent police statement.
The court weighed the factors under s. 278.92(3) and found that the accused's right to make full answer and defence outweighed the complainant's privacy interests.
The court granted the application, allowing the accused to use the records to prove prior inconsistent statements.
