The accused, Japdeep Randhawa, brought an application under sections 123 and 119(2) of the Youth Criminal Justice Act (YCJA) seeking access to the complainant M.S.S.'s youth records.
The court ruled that access was governed by section 123(1) of the YCJA.
The application was granted, as the court found that Randhawa had a valid and substantial interest in the records to make full answer and defence, particularly given the serious charges involving a handgun and M.S.S.'s prior youth convictions related to an imitation firearm and threats.
The court balanced M.S.S.'s privacy interests against Randhawa's constitutional right to full answer and defence, concluding that the latter prevailed.
Specific redactions were ordered for personal information and references to other non-witness young persons.
