R. v. M.B., [2016] Man.R.(2d) TBEd. SE.017
| Judge | McKelvey, J. |
| Court | Court of Queen's Bench of Manitoba (Canada) |
| Case Date | December 11, 2015 |
| Jurisdiction | Manitoba |
| Citations | [2016] Man.R.(2d) TBEd. SE.017;2015 MBQB 198 |
R. v. M.B., [2016] Man.R.(2d) TBEd. SE.017
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Temp. Cite: [2016] Man.R.(2d) TBEd. SE.017
Her Majesty The Queen (respondent) v. M.B. (accused/applicant)
(CR 14-01-33829; 2015 MBQB 198)
Indexed As: R. v. M.B.
Manitoba Court of Queen's Bench
Winnipeg Centre
McKelvey, J.
December 11, 2015.
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 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.
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 Manitoba Court of Queen's Bench ruled 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 documentation was referenced in the affidavit of the R.C.M.P. officer - Further, its existence had become known to both Crown and defence counsel at the time of the preliminary inquiry.
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 December 11, 2015.
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R. v. M.B.,
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