The accused brought an application under s. 276 of the Criminal Code seeking leave to adduce evidence of prior and subsequent sexual activity with the complainant in a sexual assault prosecution.
The accused argued the evidence was necessary to demonstrate the nature of the parties’ ongoing intimate relationship and a pattern of consensual sexual activity relevant to consent or mistaken belief in consent.
The Crown opposed the application on the basis that such evidence risked invoking the prohibited “twin myths.” The court held the proposed evidence related to specific instances of sexual activity, had significant probative value, and did not rely on impermissible reasoning.
Leave was granted permitting cross‑examination and testimony regarding aspects of the sexual relationship, including certain subsequent encounters and related communications.
