The accused, a police officer charged with historical sexual assault and other offences against his ex-wife, applied under s. 278.3 of the Criminal Code for production of third-party police records relating to the complainant's Mental Health Act apprehensions and an ex parte restraining order.
The accused argued the records were relevant to the complainant's credibility and motive to fabricate.
The court allowed the application in part, ordering the production of records from May 9, 2023, and August 6, 2024, for judicial inspection, finding they were logically probative to a potential motive to fabricate based on the timing of the complaints.
The request for the remaining records was dismissed as they were deemed immaterial and of trivial probative value.
