The Crown appealed a summary conviction appeal decision that ordered a new trial and the production of joint counselling records in a sexual assault case.
The summary conviction appeal judge held that the Criminal Code's third-party records provisions did not apply to counselling sessions attended by both the accused and the complainant.
The Court of Appeal held that the provisions do apply, as the complainant retains a reasonable expectation of privacy in therapeutic records despite the accused's presence.
However, the Court of Appeal upheld the order for a new trial on the alternative ground that the trial judge misapprehended critical evidence regarding the complainant's statements during the alleged assault.
