prov and fed stat privilege

Question 1

R v. B

Answer 1

• 16 year old murdered a person
• determine whether the murder trial should be transferred to adult court they needed to know if OSR could be used in federal crim proceedings
• School board said OSR was privileged under the ON Education Act
• conflict between the On Ed Act and the Canada evidence act which authorized disclosure of any relveant info
• federal law prevails over provincial thus evidence act takes precendence
• court ordered disclosure of OSR and Board members to testify

Question 2

counselling records, the charter and sexual assault victims

Answer 2

• common law principle or statute that is inconsistent with charter rights may be struck down and rendered of no force or effect
• accused may challenege a common law or stat priv if it violates their charter rights to make full answer and defense or to order a fair trial

Question 3

R v Oconnor

Answer 3

• appropriately balance the competing interests of the victim and acused
• info including confident medical and counselling records in crowns possession had to be disclosed
• info from third party possession was not subject to automatic disclosure
• if just decided the record contained info that was required to safeguard accuses charter rights, record had to be disclosed to the point which the judge deemed appropritate
• argued that O’connor did not protect the priv and equality interests of the victims and would discourage them from reporting
• prompted amendments to crim code, only applied to sexual offences

Question 4

crim code ammendments + steps

Answer 4

pg. 141

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Question 5

limits of criminal code ammendments

Answer 5

• ammendments do not apply to the records of victims of other crimes or when records are sought in civil or other non crimincal proceedings
• o’connor principles govern criminal proceedings
• 4 test of priv in Slavutych in civil matters