First Party Records
This Charter provision encompasses in it "the right to make a full answer and defence."
What is Section 7?
"This includes not only material issues concerning the unfolding of the events which form the subject matter of the proceedings, but also evidence relating to the credibility of witnesses"
What is an issue at trial?
This stage of Mills considers whether the record should be produced for review by the judge.
What is Stage 1 of the R v. Mills regime?
This entity has a duty to disclose to the Crown all relevant material in their possession including information which assists the accused.
What are the Police?
This stage requires the accused to establish that the information in the third party record is "likely to be relevant" to "issues in the case" or the competence of witnesses.
What is Stage 1 of the O'Connor procedure?
This case confirmed the constitutionality of the regime governing records in sexual offences obtained from third parties.
What is R v. Mills?
This disclosure should be provided before the accused is called upon to elect or plead.
What is initial disclosure?
At this stage of the O'Connor analysis the judge considers "The extent to which the record is necessary for the accused to make a full answer and defence"
What is the second stage of the O'Connor analysis?
Medical records, journals and diaries are this category of record.
What are enumerated records?
irrelevant information or information subject to privilege.
What is information that should not be disclosed?
This step is "designed to prevent fishing expeditions and nothing more" in O'Connor.
What is the first stage of the O'Connor analysis?
“information of an intimate or highly personal nature that is integral to the complainant’s overall physical, psychological or emotional well-being." (JJ)
What are non-enumerated records?
Information that can be reasonably used by the accused either in meeting the case for the Crown, advancing the defence or otherwise making a decision which may affect the conduct of the defence such as, whether to call evidence (Egger)
What is relevant information?
These parties must be served by subpoena to initiate an O'Connor Application.
Who is the Crown, The record custodian and all persons who have a privacy interest in the record?
The fact that the record exists, the record relates to the presence or absence of a recent complaint, the record relates to the complainant's sexual reputation.
What are reasons insufficient to bring an application under section 278.3(4) of the code?