The applicant sought production of third-party records (medical and counseling records) maintained by the complainant's physician and two counseling facilities pursuant to section 278.7 of the Criminal Code.
The applicant was charged with three sexual offences alleged to have occurred between 1996 and 1999.
The complainant did not report the allegations until 2018, approximately two decades later.
The court conducted a two-stage hearing under the Mills application framework.
The complainant conceded the first stage threshold was satisfied and agreed to judicial inspection of the records.
At the second stage, the court balanced the applicant's right to make full answer and defence against the complainant's privacy interests and societal interests in encouraging reporting of sexual offences and obtaining treatment.
The court ordered limited production of redacted portions of the records that substantively referenced the incidents forming the basis of the criminal allegations, subject to conditions restricting copying, sub-distribution, and requiring destruction upon disposition of the matter.
