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Evidence that a complainant was sexually inactive or a virgin engages s.276(1) and the Seaboyer framework; the Crown must file a Seaboyer application specifying the proposed evidence and its relevance and a voir dire must be held before such evidence may be led.
Source excerpt
Section 276 application in a sexual assault case granted: the court admitted DNA-related evidence and permitted questions about the complainant’s prior intercourse with her husband.
Pre-trial ruling on document admissibility in a negligence action: the court admitted descriptive parts of an external review, 9-1-1 recordings, a photograph, and injury descriptions, while excluding opinion-based material.
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