R. v. Maddison

R. v. Maddison

Applying the O'Connor second‑stage factors the judge found the school records sufficiently necessary and probative to assess a potential s.43 defence, that privacy expectations were limited, and that disclosure should be ordered with targeted redactions and strict protective conditions.

Source-derived case information.

Citation
2008 NSPC 82
Parties
Crown: Her Majesty the Queen; Defendant: Marlene Doris Maddison
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 September 2008
Procedural Posture
Criminal — Assault (s.266(b) Criminal Code) / Pre Trial O'connor Production Application — Second Stage (records Examined)
Outcome
Production order granted with redactions and protective conditions
Legal Topics
O'connor Third Party Records Disclosure, S.43 Defence (reasonable Corrective Force), Disclosure Vs Admissibility, Protective/redaction Orders
Source Language
english
Criminal Law Evidence Privacy Education Law O'connor Third Party Records Disclosure S.43 Defence (reasonable Corrective Force) Disclosure Vs Admissibility Protective/redaction Orders

Source-derived case record

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Parties

Her Majesty the Queen

Crown

Marlene Doris Maddison

Defendant

Procedural Posture

Criminal — Assault (s.266(b) Criminal Code) / Pre Trial O'connor Production Application — Second Stage (records Examined)

Legal Issues

  1. 1 Whether third‑party school records should be produced under the second stage of R. v. O'Connor
  2. 2 Whether the records have significant probative value for the accused's s.43 defence
  3. 3 Balancing probative value against privacy and prejudice to the complainant

Ratio Decidendi

Applying the O'Connor second‑stage factors the judge found the school records sufficiently necessary and probative to assess a potential s.43 defence, that privacy expectations were limited, and that disclosure should be ordered with targeted redactions and strict protective conditions.

Court Disposition

Production order granted with redactions and protective conditions

Orders

  • Redact Dr. Magee's report to remove background personal history while preserving behavioural observations and recommendations.
  • Melissa Smith's report shall not be disclosed.