The applicant sought a ruling on privilege regarding communications made during couples' therapy with a registered psychotherapist.
The Crown sought access to admissions made by the applicant to the therapist concerning an alleged sexual assault of the complainant (the applicant's spouse).
The court recognized a case-by-case privilege under the Wigmore test, finding that the communications originated in confidence, confidentiality was essential to the therapeutic relationship, the therapist-client relationship ought to be fostered, and the interests in protecting the communications outweighed the Crown's interest in accessing them.
The court granted the application, finding that the privilege would not undermine the truth-seeking function of the trial because the complainant was available to testify, the applicant had already admitted to the conduct in an affidavit, and no mandatory reporting obligation applied.
