Samara Secter

The accused, charged with sexual offences, sought access to psychiatric reports about the complainant, which were unsealed exhibits in earlier, unrelated criminal proceedings.

The Ontario Court of Justice denied access, requiring a production application under s. 278.3(1) of the Criminal Code, finding the complainant retained a privacy interest.

The accused applied for certiorari to quash this order.

The Superior Court found that the complainant had no reasonable expectation of privacy in the reports, given they were discussed in open court and filed as unsealed exhibits.

The court held that the Dagenais/Mentuck standard for access to court records applied, not the s. 278.1 regime, and granted the certiorari application, ordering the release of the reports to the accused.

The accused pleaded guilty to trafficking a person under the age of 18 for the purpose of sexual exploitation, contrary to section 279.011(1) of the Criminal Code.

The victim was a 14-year-old girl who was forced into prostitution over a six-day period.

The court found that while the mandatory minimum sentence of five years was constitutionally valid as applied to the accused's circumstances, the provision violated section 12 of the Charter when considered against reasonable hypotheticals involving less serious conduct.

The court imposed a sentence of four years, less credit for pre-trial custody.