Emily Dixon

The applicant accused brought an application for certiorari following appearances in the Ontario Court of Justice, where he sought directions that the complainant had no standing in a pre-trial admissibility hearing based on a recent Superior Court decision declaring the relevant Criminal Code provisions unconstitutional.

The application judge declined to make the ruling without a proper evidentiary record or notice of constitutional question.

The Superior Court dismissed the certiorari application, finding no breach of natural justice or procedural fairness, and noting that certiorari does not lie for an error of law.

During a trial for sexual assault, the accused brought a renewed application under section 276 of the Criminal Code to introduce evidence of prior consensual sexual encounters with the complainant.

The application was renewed after the complainant testified in-chief.

The court partially granted the application, finding that the evidence was necessary to provide context to specific text messages and statements made by the complainant regarding their platonic relationship.

The court held that admitting the evidence for this limited purpose did not rely on twin-myth reasoning and its probative value outweighed the danger of prejudice.