EVIDENCE - Methods of proof - Circumstantial evidence

Law360 Canada (December 1, 2020, 6:41 AM EST) -- Ruling to determine whether R. v. M.D. applied to evidence of complainant’s sexual activity sought to be adduced by the accused. The accused was charged with three sexual services offences and uttering threats. The Crown alleged the accused exploited the complainant in the sex trade after they were initially in a romantic relationship. The defence wished to cross-examine the complainant about her experience working in the sex trade before meeting the accused and after their relationship ended and about three other romantic relationships the complainant had during the time the offences allegedly occurred. In an earlier ruling, the case management judge determined s. 276 did not apply. Subsequently, R. v. M.D. determined a process analogous to that provided by s. 276 applied in cases where the accused was charged with sexual services offences....
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