The accused, charged with sexual assault, brought a s. 7 Charter application for disclosure of the complainant's unrelated police occurrence reports, arguing potential relevance to her credibility and motive to fabricate.
The Crown opposed, asserting that such records fall under the Mills regime (Criminal Code ss. 278.1-278.92) and lacked established relevance.
The court granted the complainant standing to make submissions on the disclosure application.
Ultimately, the court dismissed the accused's disclosure application, finding that the asserted basis for relevance was speculative and stereotypical, and did not establish a sufficient logical nexus between the requested information and the issues at trial, such as consent or motive to fabricate.
