The accused, A.S., brought an application under section 276 of the Criminal Code to admit evidence of the complainant's sexual activity at trial.
The Crown largely agreed with the admissibility of communications containing explicit sexual references but objected to specific paragraphs referencing the complainant's sexual activity with her husband.
The court found that the evidence, including the contested paragraphs, was relevant to issues such as consent, the complainant's state of mind, motive to fabricate, and credibility, and was necessary for the accused's right to make full answer and defence.
The court concluded that the evidence had significant probative value not substantially outweighed by the danger of prejudice, and was not tendered to support the "twin myths." The application was granted in its entirety, allowing all requested evidence to be admitted without redaction.
