What documents will my partner get to see?
Before the trial, the Crown must give your partner or their lawyer copies of all the documents, evidence, and other information the police have collected. This is called disclosure.
Disclosure includes witness statements, photographs, medical reports, videos, recordings of a 911 call, and any other information that you or other witnesses gave to the police.
Disclosure in sexual assault cases
In sexual assault cases, there are strict rules about disclosure. Your partner or their lawyer must ask a judge for permission to get certain types of records, including your medical, counselling, or therapy records, or your personal journals or diaries.
The judge will not allow your partner to get these records unless your partner needs those records to properly defend themself at trial. The judge must think carefully about your privacy before making a decision.
If your partner asks a judge for your personal records, you can hire a lawyer to tell the judge why your partner should not get those records. If you cannot afford a lawyer, you can apply for a Legal Aid certificate to help pay for a lawyer. See Legal Aid certificates. If your application is denied, you can contact Victim/Witness Assistance Program (VWAP).
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