The applicant, charged with historical sexual offences against a former foster child, sought to adduce the complainant's Children's Aid Society records at trial to challenge her credibility.
The records had been previously produced to the applicant under a pre-trial order.
The court held that the admissibility framework under section 278.92 of the Criminal Code applies to all records in the possession or control of the accused, regardless of how they were obtained.
The court granted the application in part, allowing the applicant to cross-examine the complainant on a specific caseworker note and the general absence of other complaints in the records, but refused to admit the records in their entirety to protect the complainant's privacy.
