Sarah Donohue

The defendant brought a constitutional motion seeking a declaration that the accused-records regime in ss. 278.92 to 278.94 of the Criminal Code was of no force and effect.

In a prosecution including one sexual offence count among numerous non-sexual counts, the defendant argued that requiring advance application, disclosure of detailed particulars, and complainant participation infringed the rights to full answer and defence and a fair trial, and that the scheme was overbroad when the records related only to non-sexual allegations.

The court held that the provisions did not impair effective cross-examination or trial fairness in a manner contrary to ss. 7 or 11(d) of the Charter, and that the scheme rationally advanced complainant privacy, dignity, and confidence in the administration of justice.

The overbreadth challenge also failed, and no s. 1 analysis was required.

The offender, an Aboriginal man, was convicted of assault causing bodily harm, simple assault, two counts of dangerous driving causing bodily harm, and mischief.

The Crown sought a 27-month sentence, while the defence sought a 90-day intermittent sentence.

Applying Gladue principles and considering the offender's traumatic childhood in the foster care system, the court imposed a global sentence of 15 months incarceration, noting that a penitentiary sentence would have been warranted but for the offender's personal circumstances and Aboriginal background.