The applicant, charged with sexual assault, brought a pre-trial motion for directions under s. 278.1 of the Criminal Code to determine whether text messages and images sent by the complainant to the applicant constituted 'records'.
The preliminary issue was whether the complainant had standing on this motion.
The court held that denying the complainant a voice at the records determination stage would be inconsistent with the legislative purpose of balancing the accused's rights with the complainant's privacy interests.
The court exercised its discretion to grant the complainant standing on the motion for directions.
