The accused brought a Mills application seeking production of third-party records held by medical providers, telecommunications companies, police services, and probation officers.
The application involved a sexual assault and assault causing bodily harm charge arising from an intimate relationship that had ended.
The court conducted a two-stage analysis under sections 278.3 to 278.9 of the Criminal Code, balancing the accused's right to make full answer and defence against the complainant's privacy interests.
The court granted production of certain hospital records, telephone records, police records relating to prior investigations, and police occurrence reports involving dishonesty allegations, while denying production of the complainant's telephone records, family physician records, and probation records.
