R v W.S.

R v W.S.

The court held that where a youth prosecution raises a substantiated assertion of a prior inconsistent statement, the Crown must make meaningful and diligent inquiries of relevant third parties (including directly contacting DCS/ISAY) even where records are therapeutic and subject to third-party production rules; given youth timelines and Jordan, the Crown must seek the records and review them for disclosure applying Stinchcombe, although a formal third‑party application may still be required to obtain therapeutic records.

Citation
2019 NSPC 54
Parties
Crown: R.; Accused (young Person): W.S.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 October 2019
Procedural Posture
Youth Criminal Prosecution (youth Justice Court) / Pre Trial Disclosure Application
Outcome
Application granted: Crown ordered to request records and to review received materials for disclosure
Legal Topics
Disclosure Obligations, Third Party Records/ O'connor Regime, Therapeutic Records (s.278.1), Crown Duty to Inquire (mc Neil/gubbins), Mills Notice, Delay/jordan
Source Language
English
Criminal Law Youth Justice Evidence Disclosure Child Sexual Offences Privacy/health Records Disclosure Obligations Third Party Records/ O'connor Regime +4 more

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Parties

R.

Crown

W.S.

Accused (young Person)

Procedural Posture

Youth Criminal Prosecution (youth Justice Court) / Pre Trial Disclosure Application

Legal Issues

  1. 1 Whether the court can direct the Crown to write to a therapeutic services provider (ISAY/DCS) to obtain records that may substantiate a prior inconsistent statement
  2. 2 Whether the court can direct the Crown to make direct contact with the Department of Community Services when the RCMP has not responded to Crown inquiries

Ratio Decidendi

The court held that where a youth prosecution raises a substantiated assertion of a prior inconsistent statement, the Crown must make meaningful and diligent inquiries of relevant third parties (including directly contacting DCS/ISAY) even where records are therapeutic and subject to third-party production rules; given youth timelines and Jordan, the Crown must seek the records and review them for disclosure applying Stinchcombe, although a formal third‑party application may still be required to obtain therapeutic records.

Court Disposition

Application granted: Crown ordered to request records and to review received materials for disclosure

Orders

  • Public Prosecution Service to write to the Department of Community Services and the ISAY program requesting any records relating to the complainant's disclosure of sexual abuse involving W.S.
  • Public Prosecution Service to review materials received from the Department of Community Services and the ISAY program and determine what should be released to the defendant applying conventional Stinchcombe principles