Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Records and therapeutic records possessed by prosecutor

• 278.2 (1) Except in accordance with sections 278.21 to 278.28, no record or therapeutic record relating to a complainant or a witness that is in the possession or control of the prosecutor shall be produced to an accused in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:

  • (a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 or any other offence under this Act, or any other Act of Parliament, that is of a sexual nature or that is committed for a sexual purpose; or

  • (b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.

• Marginal note:Permitted production

  (2) The prosecutor may produce to the accused

  • (a) a record or part of a record, if the prosecutor intends to adduce the record or part in court or if the record or part directly relates to the activity that forms the subject matter of the charge against the accused;

  • (b) a record or therapeutic record, or a part of one, if the complainant or witness to whom it relates agrees to its disclosure to the accused; and

  • (c) any communication between the accused and the complainant.

• Marginal note:Duty of prosecutor to give notice

  (3) Subject to subsection (2), if a record or therapeutic record in respect of which this section applies is in the possession or control of the prosecutor, the prosecutor shall notify the accused that it is in the prosecutor’s possession or control but, in doing so, the prosecutor shall not disclose its contents.

• Marginal note:Application of sections 278.29 to 278.38

  (4) Production under subsection (2) does not affect the application of sections 278.29 to 278.38.