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Full-Text Articles in Criminal Procedure
Private Records, Sexual Activity Evidence, And The Charter Of Rights And Freedoms, Elaine Craig
Private Records, Sexual Activity Evidence, And The Charter Of Rights And Freedoms, Elaine Craig
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In December 2018, Parliament amended the Criminal Code to add a new regime dictating the process and admissibility criteria for private records in the possession of an accused in a sexual assault proceedings. The legislation also includes new procedural requirements for applications to introduce evidence of a complainant’s other sexual activity under section 276 of the Criminal Code. Several courts have concluded that various parts of these new provisions – which some have nicknamed the Ghomeshi Rules – are unconstitutional. The problem with these decisions is that, in each one, the court has failed to properly balance the competing …