The accused, a Taekwondo coach charged with sexual assault, applied for the production of interview recordings and notes held by the CBC involving one of the complainants.
The court determined that the common law O'Connor regime applied rather than the Criminal Code s. 278.1 regime, as the complainant had no reasonable expectation of privacy in statements made for a television documentary.
Balancing the accused's right to make full answer and defence against the media's freedom of the press under the Vice Media framework, the court ordered the CBC to produce limited, highly relevant excerpts of the interviews and notes.
