At the commencement of his sexual assault trial, the accused applied under s. 278.1 of the Criminal Code for disclosure of Toronto Police Service occurrence reports relating to the complainant.
The accused argued the records, which included a 2009 finding that the complainant was not criminally responsible in an unrelated matter, were relevant to her credibility and reliability.
The court dismissed the application, finding the records were sought solely for impermissible impeachment purposes, lacked a temporal nexus to the alleged assault, and did not meet the threshold of likely relevance required for production.