The accused, charged with sexual assault and sexual interference, brought a Stage One application under s. 278.93 of the Criminal Code seeking to adduce a Discord message allegedly sent to him by the complainant.
The accused argued the message was not a 'record' under s. 278.1.
The court found that the message, which contained expressions of affection and a request not to share it, attracted a reasonable expectation of privacy and was therefore a non-enumerated record.
The court further held that the message was capable of being admissible as it was relevant to the complainant's credibility, and granted the application to proceed to a Stage Two hearing.
