The applicant, charged with sexual assault, sought authorization under ss. 278.92-278.94 of the Criminal Code to use Human Rights Tribunal documents at trial.
The court ruled that the Human Rights Tribunal application and reply, being public filings, did not constitute "records" under s. 278.1 of the Criminal Code, and therefore did not require vetting under the s. 278.92 regime.
The defence was permitted to use the redacted Tribunal documents at trial.