The applicant, K.K., charged with historical sexual assault, sought an order for the production of the complainant T.V.'s counselling records from Steven Kerr, pursuant to sections 278.5 and 278.7 of the Criminal Code.
The application was based on the complainant's admitted uncertainty regarding the details of the alleged assaults and the temporal connection between counselling and reporting to police, arguing that the records were likely to be relevant to her reliability and credibility.
The court conducted a two-stage analysis, first finding that the applicant had met the threshold for judicial review of the records.
However, after reviewing the notes, the court found them to be brief summaries lacking specific details of the allegations and consistent with the complainant's preliminary hearing evidence.
The court concluded that releasing the material would not assist the applicant's right to make full answer and defence and would only serve to discourage victims from seeking counselling.
The application was dismissed.
