The applicant, charged with sexual assault, sought an "order in aid" to compel the complainant's parents to disclose the names and contact information of her therapists.
This information was required to facilitate an application under s. 278.3 of the Criminal Code for the production of therapy records.
The court dismissed the application, holding that the statutory regime for third-party record production requires the applicant to identify the specific record and the person in possession or control of it.
The court found that the Criminal Code does not contemplate a discovery process or an "order in aid" to obtain the identity of record holders, and that the complainant's parents were not "record holders" as defined by the Code.
