The accused was charged with three counts of sexual assault, three counts of sexual interference with a person under 14, and one count of invitation to sexual touching with a person under 16.
The defence sought to cross-examine a police officer at the preliminary hearing regarding redacted emails between York Regional Police and the Crown's office, claiming solicitor-client privilege.
The defence argued that if privilege was asserted, the court could review the redacted materials to determine whether privilege actually applied.
The court dismissed the application, holding that disclosure and privilege disputes are not within the jurisdiction of a preliminary hearing court and that the defence was attempting indirectly to circumvent disclosure rules that are reserved for the trial court.
