Canada Case Law

R. v. Roter

Court

Supreme Court of Nova Scotia

Non-sexually explicit texts in the accused's possession are not 'records' under s.278.1 and are not subject to the s.278.92 regime; sexually explicit texts and evidence of the complainant's consensual sexual activity with a third party on Nov 13, 2021 are admissible given significant probative value; evidence of alleged consensual sexual activity between the parties on Oct 19, 2021 is admissible for the limited purpose of testing the complainant's credibility because it addresses a direct inconsistency between the complainant's police statement and the accused's account and its probative valu…

Source excerpt

• S.276 prior sexual activity
• S.278.1 definition of record
• S.278.92-278.94 records admissibility procedure
• Publication ban s.486.4 and s.486.5
• Admissibility of text messages
• Credibility and full answer and defence

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R. v. G.T.P.

Court

Supreme Court of British Columbia

The court dismissed a s. 276 application to admit evidence of kissing and hugging before an alleged sexual assault, finding the evidence risked twin-myth reasoning and had minimal probative value.

• Prior sexual activity admissibility under s.276
• Credibility and full answer and defence
• Publication ban
• Prior-sexual-activity-evidence
• Sexual-assault-evidence
• Credibility

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