The accused, A.J., charged with sexual assault, brought a pre-trial motion for directions to determine if certain communications related to the complainant were "private records" under s. 278.1 of the Criminal Code, thereby requiring a screening regime.
The court found that the proposed materials, including employment-related communications, group chats, third-party discussions, and the complainant's criminal record, did not contain "highly sensitive" or "intimate" information that would give rise to a reasonable expectation of privacy.
Consequently, the materials were deemed not to be "records" under the Code and were made available to the defence for potential use at trial, subject to general admissibility rules.
