The Crown brought an application for production of joint counselling records between the accused and the complainant in a sexual assault case.
The application proceeded under the statutory regime in sections 278.1-278.9 of the Criminal Code.
The court determined that the records were likely relevant to the central issue at trial, as they allegedly contained an admission by the accused of engaging in non-consensual sexual activity.
The court ordered production of the records to the judge for in camera review, and subsequently ordered production of redacted portions to counsel, with conditions to protect the privacy interests of the complainant.
