The Crown brought an application under section 276(1) of the Criminal Code to introduce evidence of the complainant's homosexual orientation and prior sexual history.
The Crown argued this evidence would show the complainant was less likely to have consented to sexual activity with the accused and more worthy of belief.
The court dismissed the application, finding that the proposed use of the evidence relied on stereotypical notions and constituted impermissible propensity reasoning, which section 276 seeks to exclude regardless of whether the Crown or defence seeks to introduce it.
