Harris J.

During a criminal trial for a stabbing, the Crown applied under section 9.2 of the Canada Evidence Act to cross-examine its own witness on a prior inconsistent statement.

The witness testified at trial that one of the accused attempted to break up the fight, which contradicted his earlier police statement and preliminary inquiry testimony.

The court granted the application, finding the Crown could not have been expected to lead this evidence in-chief.

However, the court restricted the Crown from questioning the witness about post-offence phone calls with the accused, ruling that such questions would improperly suggest consciousness of guilt and be highly prejudicial.

The accused pleaded guilty to indecent assault on a male (1981-1982), sexual interference (2005-2006), and breach of recognizance (December 22, 2018).

Following sentencing on March 18, 2019, one of the victims requested that the publication ban imposed under section 486.4 of the Criminal Code be lifted with respect to himself and another victim.

The court granted the application, finding that the circumstances making the publication ban mandatory were no longer present, as both adult victims consented, the Crown consented, and the accused took no position.

The court confirmed that a judge other than the one who made the original order has jurisdiction to hear such applications.