R. v. S.S.M.

R. v. S.S.M.

The voir dire could not fairly proceed without a clear, written Crown application and full submissions applying Seaboyer common law principles (and considering s.276(3) factors as appropriately modified); Crown-led evidence of prior sexual activity must be properly framed and vetted and the matter is adjourned to...

Source-derived case information.

Citation
2022 BCSC 2467
Parties
Crown: Rex; Accused: S.S.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 October 2022
Procedural Posture
Criminal / Voir Dire (admissibility of Prior Sexual Activity Evidence)
Outcome
Voir dire adjourned to permit written application and submissions on admissibility of Crown-led evidence of complainant's prior sexual activity
Legal Topics
S.276 Criminal Code, Prior Sexual Activity Evidence, Seaboyer Application, Crown Led Evidence
Source Language
english
Criminal Law Evidence Sexual Offences S.276 Criminal Code Prior Sexual Activity Evidence Seaboyer Application Crown Led Evidence

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Parties

Rex

Crown

S.S.M.

Accused

Procedural Posture

Criminal / Voir Dire (admissibility of Prior Sexual Activity Evidence)

Legal Issues

  1. 1 Whether s.276 and related procedural provisions apply to Crown-led evidence of a complainant's prior sexual activity
  2. 2 Whether the Crown must bring an equivalent Seaboyer application and comply with procedural safeguards before adducing prior sexual activity evidence
  3. 3 Whether evidence of events predating the accused's 18th birthday can be admitted as prior discreditable conduct

Ratio Decidendi

The voir dire could not fairly proceed without a clear, written Crown application and full submissions applying Seaboyer common law principles (and considering s.276(3) factors as appropriately modified); Crown-led evidence of prior sexual activity must be properly framed and vetted and the matter is adjourned to permit written applications and submissions so the judge can perform gatekeeping duties.

Court Disposition

Voir dire adjourned to permit written application and submissions on admissibility of Crown-led evidence of complainant's prior sexual activity

Orders

  • Voir dire adjourned
  • Crown to file a written application specifying the exact evidence sought to be adduced and the legal basis for admission