Fundamental justice — Right to silence — Self incrimination — Right to fair hearing — Right to make full answer and defence — Evidence — Sexual offences — Criminal Code provisions setting out record screening regime to determine admissibility of records relating to complainant that are in possession or control of accused — Whether record screening regime infringes accused’s Charter-protected rights — If so, whether infringement justified — The SCC held sections 278.92 to 278.94 of the Criminal Code are constitutional in their entirety, as they apply to both s. 276 evidence applications and private record applications; Crown’s appeal allowed; J’s cross appeal dismissed; S’s appeal allowed; and application judges’ rulings quashed., 06/30/2022 — Supreme Advocacy acted as agent for two interveners.

Read the lower court decision from the BCSC here.

Read the full decision from the SCC here.