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The court ordered the production of the complainant's and witnesses' electronic communications and photographs for in camera review.
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.
Appeal of capacity finding dismissed for anti-psychotic medication but allowed for mood stabilizers due to lack of evidence.
The appellant appealed a decision of the Consent and Capacity Board upholding her attending physician's finding that she was incapable of consenting to treatment with anti-psychotic and mood stabilizing medication.
The appellant argued that a breakdown in the therapeutic relationship, rather than mental illness, caused her failure to appreciate the consequences of treatment.
The Superior Court of Justice found no palpable and overriding error in the Board's conclusion regarding anti-psychotic medication, as there was evidence she suffered from bipolar disorder and could not apply treatment information to herself.
However, the court allowed the appeal regarding mood stabilizing medication, finding no evidentiary basis for the Board's conclusion on that specific class of medication.
