This decision addresses a Stage 1 application under sections 278.93 to 278.95 of the Criminal Code concerning the production of third-party records held by Covenant House in a sexual assault prosecution.
The accused sought records related to an incident report that might contain the complainant’s first statement about the alleged assault.
The court emphasized the high threshold for production of third-party records, requiring a demonstration of "likely relevance" and a "sufficient, case specific evidentiary or informational foundation." Mere existence of records or that they contain a prior statement is insufficient.
The application was dismissed as speculative, lacking evidence that the records would provide added information or impeachment value beyond Crown disclosure.
