The defendant, a young person facing sexual assault and forcible confinement charges, brought a s.276 Criminal Code application to question the complainant about alleged prior statements regarding her intention to engage in sexual activity.
The defendant argued these communications were relevant to counter assumptions about young people's sexual decision-making and to contradict the complainant's assertion of friendship.
The court denied the application, finding no evidentiary foundation for the proposed cross-examination, as the communications were not relied upon for consent or mistaken belief in consent, nor were they relevant to disabuse the court of any assumptions, and there was no basis for contradiction.
The court emphasized the need to avoid expressing opinions on s.276 factors without a proper evidentiary foundation.
