The accused, charged with sexual and simple assault against his ex-wife, brought a Stage 1 application under s. 278.93(4) of the Criminal Code to admit the complainant's medical records and evidence of prior consensual sexual activity.
The court found that the complainant's signed police release form did not constitute a valid waiver of her reasonable expectation of privacy, meaning the medical records remained subject to the s. 278 regime.
The court also held that evidence of post-separation consensual sexual activity was capable of being admissible to show ongoing association, rather than relying on twin-myth reasoning.
Both the medical records and sexual activity evidence were permitted to proceed to a Stage 2 hearing.
