Scott Thompson

This decision addresses an in camera hearing under s. 278.6 of the Criminal Code, following an accused's successful application for production of a complainant's counsellor records.

The court determined which portions of the records should be disclosed to the accused.

It ruled that Crown and defence counsel should be excluded from the in camera hearing, as their participation would be futile without prior access to the records and counter-productive to privacy.

The judge ordered disclosure of relevant excerpts pertaining to the counsellor's role in the complainant's police statements and the identity of the perpetrator, while balancing the complainant's privacy interests.

The accused, C.F., applied under s. 278.1 of the Criminal Code for the production of records from a school counsellor concerning the complainant, K.W., in a sexual offence case.

The accused sought production due to a material inconsistency between the complainant's police statements and her preliminary inquiry testimony regarding an act of cunnilingus.

The court found the records likely relevant and their production necessary in the interests of justice, balancing the accused's right to make full answer and defence against the complainant's privacy rights.

The court ordered the records produced for judicial review.