C. Eastwood

The accused, charged with sexual offences against minors, brought an application during his re-trial to admit evidence that he had offered to take a polygraph test when confronted with the allegations.

A similar application had been dismissed during his first trial, which ended in a mistrial.

The court held that the accused failed to rebut the presumption under section 653.1 of the Criminal Code that the prior ruling was binding.

Furthermore, the court found that the offer to take a polygraph was inadmissible as it was not a spontaneous utterance, had marginal probative value, and its admission would be highly prejudicial to the fairness of the trial.

The Crown brought applications under the Criminal Code for testimonial aids for two witnesses in a sexual assault trial.

The Crown sought an order for a child complainant to testify with her biological father as a support person, and for another witness to testify with a Victim/Witness Assistance Worker and by CCTV.

The defence opposed the choice of the biological father and opposed the aids for the adult witness.

The court granted all applications, finding that the biological father would not interfere with the administration of justice, and that the aids for the adult witness would facilitate a full and candid account given the nature of the offences and her past relationship with the accused.