R. v. Smith

R. v. Smith

The court found that limited portions of the victim impact statement that directly relate to the alleged assault and materially affect the complainant's credibility (statements describing being strangled and related reactions) are sufficiently connected to the accused's ability to make full answer and defence to justify disclosure prior to conviction; all other portions describing psychological and emotional impact conform to s.722 and remain withheld.

Citation
2011 NSPC 59
Parties
Crown/prosecution: Her Majesty the Queen; Defendant: Logan Paul Smith
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 August 2011
Procedural Posture
Criminal / Interlocutory Application for Production of Records (pre Trial)
Outcome
Partial disclosure granted
Legal Topics
Victim Impact Statement, Third Party Record, Production Under Ss.278.2 278.3, Disclosure, Full Answer and Defence, Timing Under S.722
Source Language
English
Criminal Law Evidence Victims' Rights Charter Law Procedural Law Victim Impact Statement Third Party Record Production Under Ss.278.2 278.3 +3 more

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Parties

Her Majesty the Queen

Crown/prosecution

Logan Paul Smith

Defendant

Procedural Posture

Criminal / Interlocutory Application for Production of Records (pre Trial)

Legal Issues

  1. 1 Whether a victim impact statement held by Victims' Services can be disclosed to the accused prior to a finding of guilt
  2. 2 Whether contents of the victim impact statement are relevant to the accused's right to full answer and defence and the complainant's credibility
  3. 3 How to balance complainant privacy and statutory limits under s.722 against disclosure obligations and production provisions ss.278.2-278.3

Ratio Decidendi

The court found that limited portions of the victim impact statement that directly relate to the alleged assault and materially affect the complainant's credibility (statements describing being strangled and related reactions) are sufficiently connected to the accused's ability to make full answer and defence to justify disclosure prior to conviction; all other portions describing psychological and emotional impact conform to s.722 and remain withheld.

Court Disposition

Partial disclosure granted

Orders

  • Disclose to the defence only the portions of the victim impact statement relating to the alleged assault: Page 1, paragraph 2 and Page 1, paragraph 6.
  • All remaining comments in the victim impact statement to remain sealed and not disclosed to the defendant.