Canada, Legal Issues (Policy)

Alberta Judge Rules Rape Shield Law Unconstitutional

Published in Sex Weekly Plus, November 24th, 1997

A judge said October 31, 1997, that Canada's federal government had gone too far in protecting alleged victims in rape cases, and ruled that a man accused of assaulting a 13-year-old girl should have access to her confidential counseling records.

Lawyers for the girl said they would appeal the ruling to Canada's Supreme Court.

The Alberta judge, Paul Belzil, said the federal law unconstitutionally impairs the right to a fair trial by denying a defendant access to a complainant's personal records. He said government lawyers failed to demonstrate "that the infringements of the accused's rights ... are justified in a free and democratic...

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Source: Sex Weekly Plus (1997-11-24)

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