The appeal concerned the constitutionality of the Criminal Code regime governing production of private records in sexual offence proceedings.
The Court held that the challenge was not premature and that Parliament could enact a legislative response different from the common law framework in O’Connor, provided constitutional standards were met.
The majority concluded that the impugned provisions appropriately reconciled the accused’s right to make full answer and defence with complainants’ privacy and equality rights, including in relation to records held by the Crown.
The appeal was allowed and the legislation was upheld as constitutional.
