Accused charged with sexual assault. On the basis of an assertion that the complainant was a prostitute and drug user, the defence sought disclosure of RCMP and EPS files “relevant to her credibility”, and that the “Crown ask the police to obtain further information about her drug use”.
Held: Application denied.
Mills regime not engaged, as defence did not prove that the records requested actually existed. Disclosure request was “speculative and unfounded.” Crown’s refusal to conduct the requested inquiries did not constitute a s. 7 breach. “The Supreme Court in McNeil reminds us that inquiries should be required of the Crown only where they are ‘reasonably feasible’ to make.”
T. Engel, Defence Counsel