No More Missed Chances: It is Time for the SCC to Clarify Prior Sexual Activity Evidence
In every sexual offence trial, the Court must balance two competing principles: protecting the complainant’s dignity and upholding the accused’s presumption of innocence. This tension is often most acutely felt when deciding which evidence to admit. Five years ago, in R v Barton, the Supreme Court of Canada (SCC) stated: “We live in a time where…sexual violence [is] tragically common...Without a doubt, [this] is one of the more pressing challenges we face as a society.
