Third-party records ruling by the SCC is disappointing

Céline Dostaler

The decision by the nation’s highest court to uphold rape shield provisions that were ruled unconstitutional by two lower courts is disconcerting to many defence counsel as it limits our ability to defend clients. In June, the Supreme Court of Canada (SCC) ruled that the accused in a sexual assault trial does not have the right to surprise their accuser with private records, such as medical files or personal journals, in a bid to discredit them. Read more from this Ottawa criminal lawyer.