The accused, Azary Matanov, charged with sexual assault, brought a two-stage application under sections 278.93(1) and 278.94 of the Criminal Code to determine the admissibility of certain evidence (text messages, a selfie, a phone call, and a kiss) at trial.
The evidence was sought to provide context to the relationship with the complainant and to challenge her credibility.
The court granted the Stage One application, finding the evidence capable of being admissible, and subsequently granted the Stage Two application, finding the evidence admissible.
The court emphasized that in a judge-alone trial, the risk of improper use of evidence is diminished, and the probative value of the evidence for context and credibility outweighed any potential prejudicial effect, without engaging "twin myth" reasoning.