The accused brought a second third-party records application under s. 278.3 of the Criminal Code, seeking records from the Children's Aid Society (CAS) and Ottawa Police Service (OPS).
The defence argued the records were relevant to the complainant's credibility and reliability, particularly concerning her alleged drug and alcohol use, which was a factor in her leaving the family home and subsequently making allegations.
The court, applying the two-part test from R. v. Mills, reviewed the records.
It found that certain OPS records (incidents from March 18, 2016, and April 16, 2016, and a related video), which suggested the complainant may have been intoxicated, were relevant and producible, subject to redactions, consistent with a prior ruling by Gilmore J. regarding similar York Regional Police Service records.
However, a 911 audio call and OPS records from April 18, 2016, relating to Algonquin College, were deemed irrelevant and not produced.
The court emphasized the need to avoid stereotypical conclusions about complainants.
