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Home / Cases and Law Reform / Search Cases & Submissions

Case Summary

A.S. v. H.M.Q.

This case concerns the rights of complainants in sexual assault trials.

LEAF intervened before the Supreme Court of Canada.

Facts

This case involves a constitutional challenge to the legal framework governing what happens when an accused person has a sexual assault complainant’s private records in their possession. Under that framework, the accused person cannot surprise the complainant with these records during their trial. Instead, the accused person must ask the judge to hold a hearing and decide whether or not to allow the records to be used in court.  The judge will consider different factors in making the decision, including factors supporting the equality rights of complainants. Complainants have the right to participate in these hearings. They also have the right to have access to independent counsel to help them participate. 

Arguments

LEAF argued that the framework is constitutional, as it enhances the equality rights of complainants while respecting the accused’s right to full answer and defence. Sexual assault complainants are uniquely vulnerable participants in the criminal legal system. They are also deeply impacted by the use of their private records. The challenged legal framework recognizes and responds to that reality. It promotes the equality, dignity, and privacy rights of complainants.  

Outcome

A majority of the Supreme Court upheld the legal framework put in place to protect the equality rights of complainants in sexual assault cases. In upholding the framework, the majority recognized that criminal trials “can be invasive, humiliating, and degrading for victims of sexual offences” and that “[m]ore needs to be done.” The Court also provided more clarity on how the framework should be implemented.

LEAF is grateful to Kelley Bryan (PBP Lawyers) and Karen Steward, counsel for LEAF in this case.

Download the factum here.

Read the Supreme Court of Canada’s decision here.

LEAF’s arguments are informed and supported by a case committee composed of academics and practitioners with expertise in relevant issues. The committee members for this intervention are (in alphabetical order): Frances Chapman (Lakehead University), Elaine Craig (Dalhousie University), and Karen Segal (Allevato Quail & Roy).

Case Documents

September 9, 2021
LEAF SCC Factum

Case News

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Jun 30, 2022

Supreme Court upholds important protections for sexual assault survivors in criminal trials

Sep 29, 2021

LEAF to make arguments at upcoming Supreme Court hearing on use of survivors’ private records in sexual assault trials
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Related Cases

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R. v. Brown

This case concerned using extreme intoxication as a defence to assault and sexual assault.

A.S. v. H.M.Q.

This case concerns the rights of complainants in sexual assault trials.
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R. v. Brown

This case concerned using extreme intoxication as a defence to assault and sexual assault.

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Sexual Assault and Consent Law

Case Summary

A.S. v. H.M.Q.

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National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Charitable Registration Number: 10821 9916 RR0001

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