EVIDENCE - Disclosure of records of complainant or witness to accused - Complainant’s sexual activity

Law360 Canada (July 24, 2023, 9:15 AM EDT) -- Application by A under s. 276 of the Criminal Code to admit evidence of other sexual activity. A was charged with sexual assault. Defence sought to introduce evidence of a single instance of other sexual activity along with private messages between a witness and a third-party, the subject matter of which was the other sexual activity. The evidence was in the form of two affidavits, the affidavit of BC and the affidavit of DE. The private messages were attached to the affidavit of BC as an exhibit. The affidavit of BC provided detailed particulars of a single sexual encounter between the Complainant and the affidavit of DE corroborated this account. The Defence submitted the evidence in question related to the credibility of the Complainant. The Crown argued the evidence was being tendered to impugn the Complainant’s credibility with respect to her memory of the alleged sexual assault....
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