Court File and Parties

COURT FILE NO.: CR-22-40000471-0000

DATE: 2024-10-31

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: R. v. Lahens, Tommy

BEFORE: J. R. Presser J.

COUNSEL: Brigid McCallum, for the Respondent Crown Susannah Chung-Alvares, for the Applicant Mr. Lahens Megan Stephens, amicus curiae

HEARD: April 5, 25, 2024; May 15, 2024; June 26, 2024; August 7, 2024; October 30, 2024

Publication Ban

The proceedings were held in camera, as required by s. 278.4(1) of the Criminal Code. Subject to any further order by a court of competent jurisdiction, pursuant to s. 278.9 of the Criminal Code, no person shall publish in any document, or broadcast or transmit in any way, the contents of the application record, the evidence taken, and submissions made at the hearing, or this endorsement. This ban does not apply to publication of this endorsement in law reports nor to a discussion of the underlying legal principles in other publications, pursuant to s, 278.9(c) of the Criminal Code, provided that the identity of the complainant and any identifying information about her is not revealed.

Endorsement

[1] The applicant, Tommy Lahens, sought production of a number of private records relating to the complainant in the possession of the Crown. In his updated notice of application, dated June 6, 2024, the applicant indicated that he was seeking production of the following records from the extraction from the complainant’s phone, with reference to page numbers in the extracted data contained on USB B filed as a sealed exhibit on this hearing:

• Communications: pp. 1-7, 8, 16, 141, 156-157, 163-164, 170, 262-264, 267-268, 273, 289, 290, 301-308, 345, 365, 373-377, 1369, 1370-1371, 1372, 1508-1509, 1509, 1511-1513, 1524-1527, 1532, 1534, 1535, 1538, 1538-1547, 1637, 1640-1642, 1644, 1645-1646, 1647, 1648-1649, 1650-1654, 1662, 1663, 1671, 1672-1674, 1678-1681, 1712;

• Photographs: pp. 21-68, 108-140, 410-755, 999-1572;

• Web history: pp. 966-988, 996-998;

• Vancouver apartment rental information: p. 1614.

[2] I heard Stage One of the applicant’s production application. For reasons released on June 21, 2024, I granted the Stage One application and ordered all records produced to the court for my review: R. v. Lahens, 2024 ONSC 3610. After I made that Stage One order for production to the court, the Crown identified further documents in its possession that it thought might be likely relevant to the defence. Crown counsel notified the defence and the court. The matter was brought back before me, and I decided to order Stage One production to the court of these additional records as well: R. v. Lahens, 2024 ONSC 3610.

[3] I have now reviewed all records produced to the court. I have carefully considered the written and oral submissions of counsel, the likely relevance of all records sought, and whether production to the defence is necessary in the interests of justice. This included deliberation as to the salutary and deleterious effects of orders of production or non-production on Mr. Lahens’ right to make full answer and defence, and on the right to privacy, personal security, and equality of the complainant and third parties to whom the records relate. I concluded that some of the records would be produced to the defence, some records would be produced to with redactions, and some records would not be produced. I made orders accordingly.

[4] The detailed production, production with redactions, and non-production orders are contained in a chart that has been provided to Crown counsel and amicus curiae. It was filed as a sealed exhibit on this hearing. It will not be provided to the defence because it contains information relating to records in which the complainant and/or third parties have a high expectation of privacy and which I have found will not be produced because they do not satisfy the threshold of likely relevance and necessity in the interests of justice.

[5] For written reasons to follow, the following records are ordered produced, with redactions as noted below and/or in the chart of production orders:

• Communications: pp. 1 -4; 5; 6 – 7; 7-8; 8; 141;partial 156-157; 170; 262-264;263-264; 267-270; 277-278; 301-308; 365; 1369; 1370-1371 with photo redacted; 1372-1376; 1505-1508; 1503-1509; 1509; 1510; 1511; 1513; 1516-1517; 1532; 1535; 1537; 1538-1547; 1640-1642; 1644; 1645;1646-1648; 1650-1654; 1662; 1647-1650; 1671; 1671-1681; 1674; 1675-1678. The record at p. 1681 is a communication between the complainant and the applicant and was already produced to the defence;

• Photographs: one copy of the image at pp 43, 60, 62; 45; 51; 51; one copy of the image at pp 60-61; 63; 108; 113-114; 115; 412-413; 438; 445; 471; 480; 560; 684; 688; 1011; 1005; 1036; 1181-1183; 1181; 1232; 1287; 1572;

• “Web history” (incl photographs): parts of pp 996-998;

• Vancouver apartment rental: p. 1614

[6] The Crown is ordered to make the necessary redactions and produce those records that have been ordered produced in accordance with my orders.

J. R. PRESSER J.

Date: October 31, 2024