SCC rules admissibility of Crown-led ‘sexual inactivity’ evidence must be decided in a voir dire

By Cristin Schmitz ( June 13, 2025, 6:28 PM EDT) -- Holding 9-0 that evidence of a complainant’s “sexual inactivity” forms part of their “sexual history” — and is therefore presumptively inadmissible at trial — the Supreme Court of Canada has also clarified that the common law screening procedure for Crown‑led sexual history evidence “should mirror” the s. 276 Criminal Code regime that applies in a voir dire for defence-led sexual history evidence....