In a youth criminal prosecution, the defence obtained medical records relating to the complainant through a parallel civil proceeding and sought to use them for impeachment during cross‑examination.
The Crown objected and argued the defence must bring a production application under ss. 278.1–278.9 of the Criminal Code because the materials were improperly disclosed following a breach of the civil deemed undertaking rule.
The court held that the s. 278 regime governs compelled production of records not already in the possession of the accused.
Applying the Supreme Court’s decision in Shearing, the court found the defence’s existing possession of the documents meant the statutory production scheme did not apply.
Questions regarding admissibility and privacy interests would instead be addressed in the ordinary evidentiary analysis at trial.
