In R. v. Bush (Ont CA, 2024) the Ontario Court of Appeal considered a CCC 672.21 ['Mental Disorder - Protected Statements'] issue:
[22] This leads into a complicating issue, which arises from the fact that the appellant’s statements recorded in the psychiatric report were “protected statements” under s. 672.21 of the Criminal Code. That meant they were not “admissible in evidence” without the accused’s consent: s. 672.21(2). It is not clear from the record when the trial judge became aware of the contents of the psychiatric report. It is clear, though, that by the time of the Corbett application, the content of the report was known to the trial judge because he summarizes it in his reasons, as set out above.
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