Abstract
Recent decisions of the Supreme Court of Canada have established firm legal principles concerning the compelled production of therapeutic records to the defence in criminal proceedings. These principles may act as a model for legal developments in Australia and New Zealand. This article describes the leading Canadian cases, identifies the legal issues presented for decision and summarises the principles established. It concludes with discussion of arguments for and against disclosure of therapeutic records to the defence in sexual assault cases. The emerging Canadian doctrines are endorsed as sensible lines of compromise in a difficult field.