In what circumstances will the court order disclosure of a client's counselling records prior to trial?
Saskatchewan, Canada
The following excerpt is from S.S. v. S.H.S., 2000 SKQB 108 (CanLII):
In Smith the issue arose a couple of weeks prior to trial and the order granted required disclosure subject to stringent conditions. This may be contrasted with the decision of this Court in Krislock v. Krislock (1999), 1998 CanLII 13646 (SK QB), 173 Sask. R. 255 where a similar issue arose. In that instance the application was made early in the proceedings, in which case the appropriate procedure was to have the counselling records submitted to the court for review to determine whether they contained any information relevant to the issues raised.
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