The accused, charged with sexual assault, brought an application under s. 278.93(1) of the Criminal Code to adduce evidence of prior sexual activity and communications with the complainant.
The Crown opposed, arguing the evidence engaged the twin myths under s. 276.
The court granted the application, finding that cross-examining the complainant on the prior incidents was necessary for the accused to make full answer and defence by challenging her assertion that they were merely friends, and that the evidence did not engage the twin myths if accompanied by proper jury instructions.
