The accused, charged with sexually assaulting and sexually interfering with their child, brought an application under section 278.93(1) of the Criminal Code to admit private records at trial.
The records consisted of notes from a child welfare agency and the Office of the Children's Lawyer, which the accused argued were relevant because the child did not disclose the alleged abuse during those interviews.
The court dismissed the application, finding that while the records were relevant, their limited probative value was substantially outweighed by the danger of prejudice to the proper administration of justice.
The court noted that admitting the records would engage problematic myths and stereotypes about child disclosure and would negatively impact the complainant's privacy and dignity.
