Department of Justice
www.justice.gc.ca
Common menu bar links
Bill C-46: Records Applications Post-Mills,
A Caselaw Review
- Previous Page |
- Next Page
- PDF Version, 912 Kb
- (PDF Help)
Table of Contents
- Executive Summary
- 1. Introduction
- 2. Background
- 2.1 Bill C-46
- 2.2 R. v. Mills
- 2.3 Secondary Literature
- 3. Statistics on Sexual Assault
- 3.1 Data Sources and Research Studies
- 3.2 Rates of police-reported sexual assault offences
- 3.3 Reasons for changes in the rates of police-reported sexual offences in Canada
- 3.4 Characteristics of Crimes of Sexual Assault and of its Victims
- 3.4.1 The majority of sexual assault crimes are not reported to police
- 3.4.2 Privacy and confidentiality issues for victims
- 3.4.3 High risk groups
- 3.4.4 The accused is generally known to the victim
- 3.4.5 Gender differentials in spousal and ex-spousal violence and in their physical and emotional consequences
- 3.5 Multiple factors cause women to be more likely to have therapeutic records
- 4. The Caselaw Review
- 4.1 Research Objective
- 4.2 Methodology
- 4.3 Limitations of the Methodology
- 4.4 Findings
- 4.4.1 Cases by Province/Territory
- Table 1: Cases by Jurisdiction and Court Level
- 4.4.2 Offences Committed
- 4.4.3 Records
- Table 2: Type of record and Number of Cases
- 4.4.4 Location of Records
- 4.4.5 How Defendant learned of the records
- 4.4.6 Party Characteristics
- 4.4.7 Information about the Defendants
- 4.4.8 Information about the Complainants
- 4.4.9 Relationship between the Defendant and the Complainant
- 4.5 Reasons
- 4.6 Conclusion
- 4.7 The Preliminary Inquiry
- 4.7.1 R. v. Kasook
- 4.7.2 R. v. B.(E.)
- 4.7.3 Other Cases
- 4.7.4 Discussion
- 4.8 Independent Counsel
- 4.9 Costs
- 4.10 Caselaw
- 4.11 Myths and Stereotypes
- 5. Suggestions for Further Work
- 6. In Sum
- Appendix A – Bill C-46
- Appendix B – List of Cases by Province and Territory
- Appendix C – Cases Reviewed for Information on the Preliminary Inquiry
