Law360 Canada ( September 23, 2022, 6:07 AM EDT) -- Appeal by the accused from conviction for sexual assault. The complainant, his former girlfriend, was in bed asleep when the appellant initiated sexual intercourse. She woke up and screamed for him to stop which he did. He claimed she indicated by her non-verbal responses to his touching that she was consenting. She claimed she did not consent and that she was asleep until the intercourse awakened her. The appellant brought an application under s. 276 of the Criminal Code to adduce evidence of his sexual relationship with the complainant prior to and following the evening in question. The trial judge used discrepancies in the appellant’s s. 276 voir dire and trial evidence as part of the basis to make adverse credibility findings against him. The appellant argued the trial judge erred in law by using the appellant’s compelled voir dire testimony against him, contrary to s. 13 of the Charter, by allowing the appellant to be cross-examined on the voir dire very broadly on his affidavits, contrary to the Supreme Court’s direction in Darrach, and by finding there was corroboration of the complainant’s evidence....