R v O'Connor

R v O'Connor
Supreme Court of Canada
Hearing: 1995: February 1;
Judgment: 1995: December 14.
Citations [1995] 4 SCR 411
Docket No. 24114
Prior history APPEAL from the COURT OF APPEAL FOR BRITISH COLUMBIA
Ruling Appeal dismissed
Court Membership
Reasons given
Majority La Forest, L'Heureux-Dube, Gonthier and McLachlin JJ.
Concurrence Cory and Iacobucci JJ
Dissent Lamer C.J. and Sopinka and Major JJ.

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 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.[1]

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