Robson Crim Legal Blog

Generally, written evidence of a complainant’s sexual activity is presumed inadmissible, as it runs afoul of the Criminal Code s. 276. Such evidence can be admitted, but it requires the judge to carefully consider several factors prior to admission. Popularity of dating applications like Tinder, it is becoming increasingly difficult to differentiate between communications referencing a complainant’s prior sexual activity and communications that are part of the sexual activity

Recently, it was announced that Mr. Mark Grant would be suing the Crown and the Winnipeg Police for wrongful conviction in the death of 13-year-old Candace Derksen. This was a notorious cold case in Winnipeg, the murder having taken place nearly 23 years before Mr. Grant’s conviction in 2007.