The applicant, E.C., charged with sexual assault and sexual interference, sought to introduce evidence and cross-examine witnesses regarding a third-party suspect, L.D., the new partner of the complainant's former foster mother.
The application was based on the complainant's alleged poor memory, the applicant's lack of opportunity, and discrepancies in physical descriptions (height and tattoo) that aligned more with L.D. than the applicant.
The court dismissed the application, finding that the applicant failed to establish a "sufficient connection" between the third party and the crime.
The court held that the evidence was speculative, lacked an air of reality, and its minimal probative value was substantially outweighed by the risk of prejudice, including distracting the jury and potentially perpetuating stereotypes against Indigenous women.
