CONSTITUTIONAL ISSUES - Principles of fundamental justice - Procedural rights - Fair hearing - To make full answer and defence

Law360 Canada (July 4, 2022, 9:19 AM EDT) -- Appeal by the Crown from a decision of the British Columbia Supreme Court that declared s. 278.93(4), a provision of the record screening regime in the Criminal Code, unconstitutional. Cross-appeal by the accused J for a declaration the entire regime was unconstitutional. Appeal by the complainant S, in proceedings against the accused Reddick, from a decision of the Ontario Superior Court of Justice that declared the complainant participation regime provided for in the impugned provisions violated the Charter. By way of pre-trial applications, two accused, J and Reddick, challenged the constitutionality of ss. 278.92 to 278.94 of the Criminal Code. The impugned provisions created a procedure for screening complainants’ private records in the hands of the accused to determine whether they were admissible as evidence at trial and a procedure to provide complainants with additional participation rights in admissibility proceedings....
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