The rape shield laws, which have been in place in Canada for decades, are intended to prevent a sexual assault complainant from using his or her sexual history to defame him or her.
The Penal Code states that evidence of a complainant’s previous sexual activity that is not related to the charges in question can only be admitted with the permission of a judge after a private hearing.
Today’s court ruling will determine whether certain extensions to these laws made in 2018 violate the rights of a defendant to a fair trial.
These extensions include granting a complainant a position and the right to a lawyer at private hearings for evidence, and that the accused must seek leave from the judge with at least seven days’ notice to accept a complainant’s private records held by the accused. in possession.
It includes two separate appeals considered jointly by the Supreme Court, one brought by a defendant and another by a complainant.
This Canadian Press report was first published on June 30, 2022.
