The defendant, A.C., brought an application challenging the constitutionality of subsections 278.94(2) and 278.94(3) of the Criminal Code, arguing they violated sections 7 and 11(d) of the Charter of Rights and Freedoms.
The challenge asserted infringements on the right to a fair trial, against self-incrimination, and prosecutorial independence due to the complainant's right to appear and make submissions at admissibility hearings for sexual activity evidence.
The court applied the Mills/Darrach approach for constitutional challenges to legislation and dismissed the application, finding no Charter breach.
The court clarified that the complainant's involvement is limited to providing perspective on the admissibility of evidence, combating myths and stereotypes, and does not transform the complainant into a second prosecutor or infringe on the accused's fundamental rights.
