The accused, charged with sexual assault, brought an application under section 119(1)(q) of the Youth Criminal Justice Act to access youth records pertaining to the complainant's outstanding criminal charges.
The court held that youth records relating to outstanding charges are disclosable to the defence to make full answer and defence, as the access period begins when the record is created.
The application was granted on consent, allowing the matter to proceed to a third-party records application under the Criminal Code.