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Section 276 application granted to allow limited cross-examination of complainant regarding prior sexual abuse.
The accused, charged with sexual offences against three foster children, brought an application under section 276 of the Criminal Code to cross-examine one of the complainants about prior sexual abuse by her mother's partner.
The defence sought to adduce this evidence to provide context for the complainant's statements, explore her credibility regarding her relationship with her foster mother, and establish a possible motive to fabricate related to a Criminal Injuries Compensation Board award.
The Crown consented to the limited cross-examination.
The court found the evidence relevant and its probative value significant, not outweighed by the danger of prejudice, and granted the application for limited cross-examination.
Severance refused on a multi-complainant foster home sexual offence indictment.
The applicant accused sought severance of counts on a multi-count indictment alleging sexual offences against three child complainants in a foster home setting.
Applying the interests of justice framework under s. 591(3) of the Criminal Code, the court found a strong factual and legal nexus among the counts, limited complexity, no objectively justifiable basis for testifying on only some counts, and a viable similar fact application by the Crown.
The court held that any prejudice arising from a joint trial could be addressed through jury instructions and that the public interest favoured a single proceeding.
The severance motion was denied.
