R. v. M.B.,

• Jurisdiction: Manitoba
• Judge: McKelvey, J.
• Neutral Citation: 2016 MBQB 39
• Citation: [2016] Man.R.(2d) TBEd. SE.019,2016 MBQB 39,[2016] ManR(2d) TBEd SE019
• Date: 26 February 2016
• Court: Court of Queen's Bench of Manitoba (Canada)

R. v. M.B., [2016] Man.R.(2d) TBEd. SE.019

MLB being edited

Currently being edited for Man.R.(2d) - judgment temporarily in rough form.

Temp. Cite: [2016] Man.R.(2d) TBEd. SE.019

Her Majesty The Queen (respondent) v. M.B. (accused/applicant)

(CR 14-01-33829; 2016 MBQB 39)

Indexed As: R. v. M.B.

Manitoba Court of Queen's Bench

Winnipeg Centre

McKelvey, J.

February 26, 2016.

Summary:

The accused was charged with sexual interference, sexual exploitation, and invitation to sexual touching. He applied for production of third party records, pursuant to ss. 278.2 to 278.9 of the Criminal Code. The records were held by Peguis Child and Family Services and the R.C.M.P.

The Manitoba Court of Queen's Bench, in a decision reported at [2016] Man.R.(2d) TBEd. SE.017, allowed production of a 2010 R.C.M.P. occurrence report to the court for review, for the purpose of exploring what was alleged to have been a prior similar allegation made by the complainant. The Court now considered whether production of the record was likely relevant to an issue at trial or to the competence of a witness to testify and whether its production was necessary in the interests of justice.

The Manitoba Court of Queen's Bench ordered that the 2010 occurrence report, as redacted by the Court, be produced to the applicant. In accordance with s. 278.7(3) of the Code, the court imposed conditions on production.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 691

Sexual offences - Evidence - Production of complainant's records (incl. medical and counselling) - The accused was charged with sexual interference, sexual exploitation, and invitation to sexual touching - He applied for production of third party records, pursuant to ss. 278.2 to 278.9 of the Criminal Code - The records were held by Peguis Child and Family Services and the R.C.M.P. - The application judge, in the earlier voir dire ruling, ordered that production of a 2010 R.C.M.P. occurrence report be made to the court for review, for the purpose of exploring what was alleged to have been a prior similar allegation made by the complainant - The Manitoba Court of Queen's Bench, after a review of the document, held that it was likely relevant and probative to issues to be determined at the trial - It was in the interests of justice to order the production of the occurrence report to the applicant because of relevancy of the record and, importantly, because of the necessity of the record for the applicant to make a full answer and defence - The court undertook redactions of the occurrence report in order to best protect the privacy interests of the complainant, as well as the similar interests of other individuals named in the report - In accordance with s. 278.7(3) of the Code, the court imposed conditions on production to the applicant.

Counsel:

Melinda D. Murray, for the Crown;

Sheldon E. Pinx, Q.C., and Jonathan C. Pinx, for the accused/applicant;

Loren D. Braul, for the complainant;

Alexander M. Menticoglou, for the Attorney General of Canada;

Uzma A. Saeed, for Peguis Child and Family Services.

This voir dire was heard before McKelvey, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment and reasons, dated February 26, 2016.