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This enactment amends the Criminal Code to govern the production
to the accused of records regarding complainants and witnesses in
sexual offence proceedings.
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The amendments will require a person accused of a sexual offence,
who seeks a record containing information about the complainant or a
witness, to bring an application setting out specific grounds to establish
how that information is relevant to the accused's defence. The trial
judge will determine whether the record should be produced, firstly to
the judge for review, and secondly, after that review, to the accused. The
judge will consider the rights of the complainant, the witnesses and the
accused under the Canadian Charter of Rights and Freedoms and
specific factors set out in the amendments in determining whether and
to what extent to order the production of the record.
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The enactment provides that the holder of the record, the prosecutor,
the complainant or the witness, and other persons to whom information
in the record relates will all receive notice of the application, and they
may appear at a hearing and make representations regarding production
of the record.
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The enactment sets out the procedure that must be followed and
provides safeguards for the privacy of complainants and witnesses,
including an in camera hearing and a publication ban.
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