R. v. O'Connor
Encyclopedia
R. v. O'Connor, [1995] 4 S.C.R.
411 is a leading Supreme Court of Canada
decision on disclosure of medical record
s. The Court held that the medical and counselling records of a complainant in a sexual assault case that are held by a third party can be disclosed by order of the judge if they meet two requirements.
First, the applicant must establish, without seeing them, that the records are likely to be relevant to the case. Second, the judge must review the records and decide whether to disclose them based on the balancing the right to make full answer and defence, and the right to privacy
.
The O'Connor involved in the case was Hubert Patrick O'Connor
, a Catholic bishop from British Columbia
who was found guilty sex crimes in 1991.
Supreme Court Reports
The Supreme Court Reports is the official reporter of the Supreme Court of Canada. Since the creation of the Supreme Court, all of its decisions have been published in the Reports, in both English and French. The first volume was published in 1877 containing the first case ever heard by the...
411 is a leading Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on disclosure of medical record
Medical record
The terms medical record, health record, and medical chart are used somewhat interchangeably to describe the systematic documentation of a single patient's medical history and care across time within one particular health care provider's jurisdiction....
s. The Court held that the medical and counselling records of a complainant in a sexual assault case that are held by a third party can be disclosed by order of the judge if they meet two requirements.
First, the applicant must establish, without seeing them, that the records are likely to be relevant to the case. Second, the judge must review the records and decide whether to disclose them based on the balancing the right to make full answer and defence, and the right to privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
.
The O'Connor involved in the case was Hubert Patrick O'Connor
Hubert Patrick O'Connor
Hubert Patrick O'Connor was a Canadian Roman Catholic bishop of Prince George in British Columbia who was forced to resign following sex abuse charges being filed against him.-Church career:...
, a Catholic bishop from British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
who was found guilty sex crimes in 1991.