OTTAWA — A person accused in a sexual assault trial does not have the right to ambush their accuser with private records like medical files or personal…
The decision relates to verdicts by appeals courts from two separate sexual assault cases — one in British Columbia and one in Ontario — both of which had said the changes made to rape shield laws four years ago affected an accused’s right to a fair trial.
The rights of a complainant, and the public, must weigh on the fairness of a trial as well, the court said. In 2018, the Liberals expanded the definition of what that evidence includes to add communications of a sexual nature such as emails and videos, as well as documents about the complainant that are in the possession of the accused.Article contentThey also granted a complainant the right to participate in the screening hearing with the judge and be represented there by a lawyer.
“In this case, ambushing complainants with their own highly private records at trial can be unfair to complainants and may be contrary to the search for truth,” the decision reads. Dalya Israel, executive director of Women Against Violence Against Women Rape Crisis Centre in Vancouver, which intervened in the case, said “overall we’re really happy” with the result. She added there are still potential loopholes, as survivors are likely to be excluded from discussions between a judge and legal counsel about exactly what is, and is not, a private record.
“I think that my client has been incredibly courageous in taking this all the way up to the Supreme Court,” she said. “You know, she did that on behalf of all sexual assault complainants in Canada.”
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