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The court recognized case-by-case privilege over an accused's admissions to a couples' therapist regarding alleged sexual assault.
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.
Appeal scheduled to proceed by teleconference with electronic filing directions due to COVID-19.
A case management conference was held to schedule an appeal and determine the mode of hearing during the COVID-19 pandemic.
The court directed that the appeal proceed by teleconference due to the appellant's lack of reliable internet for a videoconference, subject to the appellant's right to request an alternative mode.
The court also provided detailed directions for the electronic filing of appeal materials.
