R v WD

R v WD

The court ordered production of the complainant's specified post-incident mental health records to the trial judge for in camera review because the accused provided case-specific evidence (the complainant's mother's report of psychosis leading to a false report) establishing likely relevance, and the interests of justice and necessity for a full answer and defence outweighed privacy concerns when subject to redaction and protective conditions.

Citation
2021 BCSC 2029
Parties
Crown/prosecution: Regina; Accused: WD; Complainant: Complainant
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 May 2021
Procedural Posture
Criminal Sexual Assault / Stage 1 S.278.5 Application (production to Trial Judge)
Outcome
Order: produce complainant's specified mental health records to the court for in camera review under s.278.6(1); possible limited disclosure to the accused after review and redaction
Legal Topics
Sexual Assault, Disclosure of Psychiatric and Counselling Records, S.278.1 278.9 Criminal Code Procedure, Credibility and Reliability of Complainant, Psychosis and Its Evidentiary Relevance
Source Language
English
Criminal Law Evidence Privacy Law Mental Health Law Sexual Assault Disclosure of Psychiatric and Counselling Records S.278.1 278.9 Criminal Code Procedure Credibility and Reliability of Complainant +1 more

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Parties

Regina

Crown/prosecution

WD

Accused

Complainant

Complainant

Procedural Posture

Criminal Sexual Assault / Stage 1 S.278.5 Application (production to Trial Judge)

Legal Issues

  1. 1 Whether the complainant's mental health records are likely relevant to issues at trial
  2. 2 Whether production of those records to the court is necessary in the interests of justice under s.278.5
  3. 3 How psychosis and contemporaneous treatment affect credibility, reliability and consent issues

Ratio Decidendi

The court ordered production of the complainant's specified post-incident mental health records to the trial judge for in camera review because the accused provided case-specific evidence (the complainant's mother's report of psychosis leading to a false report) establishing likely relevance, and the interests of justice and necessity for a full answer and defence outweighed privacy concerns when subject to redaction and protective conditions.

Court Disposition

Order: produce complainant's specified mental health records to the court for in camera review under s.278.6(1); possible limited disclosure to the accused after review and redaction

Orders

  • Produce the complainant's mental health, psychiatric, psychological, therapeutic and counselling records since July 2, 2019 from Kootenay Boundary Regional Hospital (Trail) and Royal Inland Hospital (Kamloops) to the court for in camera review under s.278.6(1).
  • Records to be reviewed by the trial judge to determine what, if any, portions should be produced to the accused under s.278.7.