Keep limits on access to accuser’s data: Manitoba

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This article was published 18/11/2011 (5316 days ago), so information in it may no longer be current.

OTTAWA should hold onto protections that limit invasive searches into the personal histories of complainants in sexual assault trials, the Manitoba government says.

The current Criminal Code strikes an adequate compromise between the rights of the accused and the complainant in sexual assault trials, Justice Minister Andrew Swan told a parliamentary committee via video conference Thursday.

“It is Manitoba’s position that the current Criminal Code provision provides a fair and reasonable balance between the right of an accused to make a full defence and the right of a complainant not to be subjected to an unreasonable and invasive search or even a fishing expedition into their personal history,” Swan said.

The Criminal Code currently allows those accused in sexual assault cases to apply to see the personal records of their alleged victims, but only in rare circumstances and only after a judge has ruled it is absolutely necessary to ensure a fair and complete defence. These records include personal diaries and medical, therapy or counselling records.

Without this Criminal Code provision, the records would be much more likely to be produced in court than they are now, Swan said. Lawyers for the accused often seek the records to discredit the complainant, he said.

The provision is being reviewed by the federal government and Swan said Manitoba wants it to be maintained so sexual assault victims can’t be intimidated in court and won’t be afraid to file complaints with police.

Swan was asked to make a presentation to the parliamentary committee and to answer its questions about Manitoba’s procedures when an accused requests access to personal records about a complainant in a sexual assault case.