Four years ago, I wrote about the use of discovery evidence in criminal matters (linked: here). Today (June 30, 2022), the Supreme Court of Canada has provided greater guidance on this question, specifically in the context of sexual assault cases.
Sections 278.92 to 278.94 were meant to remove barriers that deterred complainants from coming forward. Mainly by restricting defence counsel’s use of the complainant’s personal records (e.g. medical . . . [more]