This is a preliminary ruling on the admissibility of documents in the possession of the accused in a sexual assault trial involving a young person.
The court considered whether text messages, social media communications, and photographs require an application under sections 278.92 and 276 of the Criminal Code before being adduced at trial.
The court examined the definition of "record" under section 278.1 and provided guidance on the notice requirements for bringing applications to admit sexual history evidence and private records.
The court concluded that certain communications and intimate materials require pre-trial vetting, while declining to make definitive determinations on the limited record before it.
