News Release Archive
HUMAN RIGHTS--SUPREME COURT OF CANADA DECISIONS ------------------------------------------------------------ Wayne Mackay, executive director of the Nova Scotia Human Rights Commission, urges concerned Nova Scotians to voice their opinions regarding two recent Supreme Court of Canada decisions, O'Connor v. The Queen and L.L.A. v. Beharriell. The Supreme Court has ruled that trial judges have the power to decide whether counselling records of victims in cases of sexual assault can be used in the defense of those charged with sexual assault. This was an issue in a Nova Scotia case involving then law student, Kenneth Ross, of Truro and the use of counselling records of the complainant in his sexual assault case. Mr. Ross ultimately pleaded guilty to the sexual assault charge and Dr. Eric Hansen, the psychiatrist who released her records, has been disciplined for this action by the Nova Scotia Medical Board. The Supreme Court outlined the procedure judges are to follow in deciding if the victim's records are likely to be relevant. They noted that there are several reasons for holding that the onus upon the accused to show their relevance should be a low one. In effect, the Supreme Court gave the rights of the accused to a full defense preference over the rights of the alleged victim in a sexual assault situation. These rulings have potentially devastating effects in the reporting of sexual offenses. The court ruled that the societal interest in encouraging the reporting of sexual offenses and the acquisition of treatment by victims is not a paramount consideration in deciding whether the information should be provided. This may reinforce the current under reporting of sexual offences in Canada. The Nova Scotia Human Rights Commission supports the campaign lodged by the Nova Scotia Advisory Council of the Status of Women, the Avalon Centre and the Canadian Mental Health Association. Through this campaign postcards are being sent directly to Parliament requesting legislation be enacted to counteract these measures. In the commission's view, this a human rights issue as well as a privacy issue, because sexual assault occurs in all races and classes within society and the majority of victims of sexual assault are women and children. -30- Contact: Wayne MacKay 902-424-4111 trp Jan. 30, 1996 - 10:20 a.m.