R. v. K.D.N.

R. v. K.D.N.

Section 276 applies to the indictment because a charged sexual assault creates a connection to the enumerated offences and the s.276 protections extend to sex-work related evidence; exotic dancing qualifies as sexual activity for the purposes of s.276; the proposed evidence of the complainant's past/subsequent exotic dancing is not capable of being admitted at stage one because its probative aim relies on impermissible twin-myth/propensity reasoning and is not properly relevant to coercion or control in a way that overcomes s.276's protective purpose, so no stage two hearing is required.

Citation
2024 NSSC 83
Parties
Crown: His Majesty the King; Accused: K.D.N.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 March 2024
Procedural Posture
Criminal Human Trafficking and Related Sexual and Assault Offences / Pre Trial S.276 (stage 1) Application Decision
Outcome
Application dismissed; s.276 applies and the proposed evidence is not capable of being admitted; no second-stage hearing ordered.
Legal Topics
Section 276, Prior Sexual Activity, Admissibility, Consent, Coercion, Twin Myth Reasoning
Source Language
English
Criminal Law Evidence Sexual Offences Human Trafficking Section 276 Prior Sexual Activity Admissibility Consent +2 more

Case Brief

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Parties

His Majesty the King

Crown

K.D.N.

Accused

Procedural Posture

Criminal Human Trafficking and Related Sexual and Assault Offences / Pre Trial S.276 (stage 1) Application Decision

Legal Issues

  1. 1 Whether s.276 of the Criminal Code applies to human trafficking charges
  2. 2 Whether evidence of prior/subsequent exotic dancing constitutes prior sexual activity under s.276
  3. 3 Whether the proposed evidence is capable of being admitted at stage one of s.276 process

Ratio Decidendi

Section 276 applies to the indictment because a charged sexual assault creates a connection to the enumerated offences and the s.276 protections extend to sex-work related evidence; exotic dancing qualifies as sexual activity for the purposes of s.276; the proposed evidence of the complainant's past/subsequent exotic dancing is not capable of being admitted at stage one because its probative aim relies on impermissible twin-myth/propensity reasoning and is not properly relevant to coercion or control in a way that overcomes s.276's protective purpose, so no stage two hearing is required.

Court Disposition

Application dismissed; s.276 applies and the proposed evidence is not capable of being admitted; no second-stage hearing ordered.

Orders

  • Defence s.276 application denied
  • No entitlement to proceed to stage two s.276 hearing