Sameer Akhtar

The accused was charged with sexual assault and touching a person under 16 for a sexual purpose.

The Crown sought to adduce a statement allegedly made by the accused to police during an investigative detention at the roadside.

The defence challenged the admissibility of the statement on grounds of voluntariness and alleged violation of section 10(b) of the Canadian Charter of Rights and Freedoms.

The court found the statement was voluntary and that there was no Charter violation.

The court also found that even if a violation had occurred, the statement would not be excluded under section 24(2) of the Charter.

The accused applied under ss. 278.1–278.9 of the Criminal Code for production of various third‑party records relating to the complainant in a historic sexual assault prosecution.

At Stage 1, the court assessed whether the requested records were likely relevant and whether production to the court was necessary in the interests of justice.

The judge found likely relevance only for limited records from the Hospital for Sick Children, the Ontario Disability Support Program, and the complainant’s family medical clinic, and ordered those records produced to the court for review.

After reviewing the records at Stage 2, the court concluded that none contained information linking the accused to the complainant’s mental health issues or assisting with the timeline of events, and directed that the matter proceed by agreed statement of facts reflecting that absence.