The accused, charged with sexual offences, sought access to psychiatric reports about the complainant, which were unsealed exhibits in earlier, unrelated criminal proceedings.
The Ontario Court of Justice denied access, requiring a production application under s. 278.3(1) of the Criminal Code, finding the complainant retained a privacy interest.
The accused applied for certiorari to quash this order.
The Superior Court found that the complainant had no reasonable expectation of privacy in the reports, given they were discussed in open court and filed as unsealed exhibits.
The court held that the Dagenais/Mentuck standard for access to court records applied, not the s. 278.1 regime, and granted the certiorari application, ordering the release of the reports to the accused.
