Two youth applicants charged with sexual assault sought to adduce other sexual activity (OSA) evidence of the complainant pursuant to section 276(2) of the Criminal Code.
The Crown sought summary dismissal of the application for failure to comply with the statutory requirements of section 276(2)(b), which mandates that OSA evidence must be relevant to an issue at trial and that detailed particulars must be provided.
The court found the application incomplete and lacking in specificity regarding both the particulars of the alleged prior consensual sexual activity and the articulation of its relevance to the issues at trial.
The application was dismissed.
