The respondent, charged with indecent assault, sought the production of the complainant's counselling records held by third-party institutions.
The trial judge ordered the records produced.
The third parties appealed the interlocutory order.
The Supreme Court of Canada held that it had jurisdiction to hear the appeal under s. 40(1) of the Supreme Court Act.
On the substantive issue, the Court applied the framework established in the companion case of R. v. O'Connor, balancing the accused's right to make full answer and defence against the complainant's privacy and equality rights.
The Court found that the trial judge erred in ordering production without first determining likely relevance and balancing the competing Charter rights.
The appeal was allowed and the order for production was quashed.
