The accused brought a third party records application under the Criminal Code seeking school, child protection, and police records relating both to the complainant’s allegations against him and later allegations against the complainant’s step-father.
The court held that credibility and reliability were central trial issues and that the timing, content, and surrounding circumstances of the later allegations provided a concrete factual basis for likely relevance, rather than impermissible speculation or a fishing expedition.
Applying the statutory two-stage production regime and the balancing approach from Mills, the court found the records necessary to permit full answer and defence notwithstanding the complainant’s significant privacy interests.
Disclosure to the defence was ordered, subject to redactions, removal of irrelevant material, and strict restrictions on copying, dissemination, and use.
