R. v. C. (J.D.)

Parties

Procedural Posture

Criminal (sexual Offences) / Section 278 Application Stage 1 (in Camera)

Legal Issues

1. 1 Whether the complainant's emergency room medical record is likely relevant to an issue at trial under s.278.3/278.5 of the Criminal Code
2. 2 Whether production of the record is necessary in the interests of justice balancing the accused's right to full answer and defence against the complainant's privacy interests
3. 3 Whether mere similarity of subject matter (complainant discussing same topic) meets the likely relevance threshold

Ratio Decidendi

The application was denied at stage one because the accused failed to establish the emergency room record is likely relevant: there was no evidence the record contradicted prior statements, precipitated police involvement, or contained unique impeachment material (noting the ER visit occurred 16 months after the police statement and was provided to police by the complainant's mother); given the speculative relevance and the high privacy intrusion, the complainant's privacy interest outweighs the accused's need for production.

Court Disposition

Application denied at stage one; no court review of the medical record ordered

Orders

• Disclosure application for the complainant's emergency room medical record (February 17, 2022) denied and record will not be reviewed by the Court
• Stage two inspection hearing vacated/cancelled; no further production ordered