See R. v. Mills

R. v. Mills

There are a number of Court cases by the name R. v. Mills:* R. v. Mills , a decision of the Supreme Court of New South Wales* Mills v. The Queen, [1986] 1 S.C.R. 863, a decision of the Supreme Court of Canada relating to the right to a trial within a reasonable time* R. v. Mills , [1999] 3 S.C.R...

 for other cases by same name

R. v. Mills, [1999] 3 S.C.R. 668 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 where the Court upheld the newly enacted rape shield law

Rape shield law

A rape shield law is a law that limits a defendant's ability to cross-examine rape complainants about their past sexual behaviour. The term also refers to a law that prohibits the publication of the identity of an alleged rape victim.-In Canada:...

 when challenged as a violation to section 7

Section Seven of the Canadian Charter of Rights and Freedoms

Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...

 and 11(d)

Section Eleven of the Canadian Charter of Rights and Freedoms

Section Eleven of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution's Charter of Rights that protects a person's legal rights in criminal and penal matters. This includes both criminal as well as regulatory offences, as it provides rights for those accused by...

 of the Canadian Charter of Rights and Freedoms

Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

. The rape shield law was the second of its type, the first having been struck down in R. v. O'Connor

R. v. O'Connor

R. v. O'Connor, [1995] 4 S.C.R. 411 is a leading Supreme Court of Canada decision on disclosure of medical records. 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...

. Accordingly, this case is often cited as an example of judicial dialogue

Dialogue principle

In Canadian constitutional law, the dialogue principle is an approach to the interpretation of the Canadian Charter of Rights and Freedoms where judicial review of legislation is said to be part of a "dialogue" between the legislatures and the courts...

.

Background

Mills was an accused charged with sexual assault and unlawful sexual touching. Counsel for Mills obtained medical records from a counselling organization, and further sought records from a psychiatrist and the child and adolescent services association. However, during the trial in 1997 the parliament of Canada passed Bill C-46 which introduced sections 278.1 to 278.91 into the criminal code which concerned the production of records for sexual offences.

Mills challenged the constitutionality of these provisions under section 7 and 11(d) of the Charter. The trial judge found that the provisions did violate the Charter and were not saved under section 1.

In a seven to one decision, the Court held that the provisions were constitutional, overturning the trial judge.

Reasons of the court

Justices McLachlin and Iacobucci, writing for the majority, found that the new provisions provided the judge with enough discretion to preserve the complainant's right to privacy and equality while still allowing for the accused to provide a full answer and defence.