The accused, T.K., charged with sexual interference and sexual assault, brought an application under section 278.4 of the Criminal Code seeking production of the complainant's and witnesses' electronic communications and photos/videos from a specific period.
The defence argued these records were relevant to the accused's belief regarding the complainant's age and consent.
The Crown and witnesses opposed, citing privacy and arguing the records were not necessary for full answer and defence.
The court, applying section 278.5(2) factors, found potential relevance and ordered the records to be produced for judicial review to determine if they are necessary for full answer and defence, balancing privacy interests against the accused's right to defence.
