‘Sexts’ as Evidence of Future Likelihood to Consent: Implications of R v Reimer by C Bellows
Sexual assault cases present uniquely challenging evidentiary issues due to the threat of prejudicial reasoning against the complainant. While Parliament and the courts have settled on a progressive legal framework to reflect these concerns, the application of these laws can vary considerably where the evidence suggests an intention of the complainant to consent.R v Reimer recognized that a complainant’s past sexual relations may be relevant to the issue of consent.
The Brother’s Ear: Speculation, Weak Instruction, and Other Shortcomings in Schneider by Lisa Haydey and Laraib Khaliqdina
Can a phone conversation between a man and his wife, overheard in part by the man’s brother, be admitted as evidence that the man committed murder? What if the brother who overheard the conversation had been drinking, was under extreme stress, and recalled two different versions of what was said? This was the complex issue faced by Canada’s highest court, the Supreme Court of Canada (SCC), in R v Schneider. William Schneider was charged with the second- degree murder of Natsu
