During a trial for sexual offences including incest, the accused brought an application under section 276 of the Criminal Code to adduce evidence of the complainant's sexual relationship with her boyfriend.
The defence sought to introduce this evidence to dispute the paternity of the complainant's child.
Although the defence failed to provide the required seven days' notice, the court allowed the application to proceed in the interests of justice.
The Crown conceded the admissibility of the evidence for the purpose of exploring alternative paternity.
The court granted the application and permitted a strictly circumscribed set of questions regarding the complainant's sexual activity with her boyfriend.
