:''See
R v Mills (disambiguation) for other cases by same name''
''R v Mills'',
999 999 or triple nine most often refers to:
* 999 (emergency telephone number), a telephone number for the emergency services in several countries
* 999 (number), an integer
* AD 999, a year
* 999 BC, a year
Books
* ''999'' (anthology) or ''999: T ...
3 S.C.R. 668 is a leading
Supreme Court of Canada decision where the Court upheld the newly enacted
rape shield law
A rape shield law is a law that limits the ability to introduce evidence or 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 vict ...
when challenged as a violation to
section 7 and
11(d) of the
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part ...
. The rape shield law was the second of its type, the first having been struck down in ''
R. v. Seaboyer''. Accordingly, this case is often cited as an example of
judicial dialogue.
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.
See also
*
List of Supreme Court of Canada cases (Lamer Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of ...
*
R v Seaboyer ''R v Seaboyer'', 9912 S.C.R. 577 is a leading Supreme Court of Canada decision where the Court struck-down a rape shield law, rape-shield provision of the Criminal Code (Canada), Criminal Code as it violated the right to "full answer and defenc ...
References
External links
*
canlii.org
Canadian Charter of Rights and Freedoms case law
Supreme Court of Canada cases
1992 in Canadian case law
Rape in Canada
Canadian criminal case law
Canadian evidence case law
Publication bans in Canadian case law
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