On October 5 and 6, 2021, the Supreme Court of Canada heard the companion appeals of R v. J.J. and A.S. v. Her Majesty the Queen et al.
Saul Simmonds, QC and Jessie Brar of Simmonds and Associates, appeared before the Supreme Court of Canada on behalf of the Intervener, the Criminal Defence Lawyers Association of Manitoba (CDLAM).
These appeals dealt with the constitutionality of the s. 278.92 Criminal Code regime. In 2018, Parliament passed legislative amendments which limit the ability of an accused person to use records in their possession that relate to the complainant in sexual assault cases. Prior to the enactment of these legislative amendments, the accused had no obligation to disclose records in their possession prior to those records being introduced during trial.
Upon the conclusion of the 2 day appeal hearing, the Supreme Court of Canada took this case under advisement and reserved their decision on the constitutionality of this legislation.