R. v. R.E.W.

Parties

Procedural Posture

Criminal / Section 278 Pre Trial Disclosure Application (production of Third Party Records)

Legal Issues

1. 1 Whether the requested third party records are likely relevant under s.278 and therefore should be produced to the judge for review
2. 2 Whether production of records is necessary in the interest of justice balancing the accused’s right to make full answer and defence against the complainant’s privacy and other s.278.5(2) factors
3. 3 Whether the temporal scope of the request (1998–2004) is justified or constitutes a fishing expedition

Ratio Decidendi

The application was granted in part: the accused established a reasonable evidentiary basis that records surrounding the complainant’s initial report to the Department of Community Services and the complainant’s prenatal/hospital records relating to statements about conception/sexual relationship were likely relevant to credibility and therefore must be produced to the judge for in camera review; the broader request for records extending through 2004 was denied as lacking foundation and constituting a fishing expedition.

Court Disposition

Application granted in part and denied in part

Orders

• Department of Community Services ordered to produce to the Court records for the timeframe surrounding the complainant’s initial report that deal with comments or reports relating to the sexual relationship between R. E. W. and J. W. or the lack thereof
• St. Martha's Regional Hospital ordered to produce to the Court records relating to the care and treatment of the complainant during the prenatal period concerning statements by the complainant about conception of the child and/or sexual relationship with R. E. W., up to date of discharge from hospital