The Crown appealed an acquittal in a sexual assault case, challenging trial rulings on text message evidence and admission of prior sexual history evidence under s. 276 of the Criminal Code.
A majority of the Supreme Court of Canada agreed substantially with the Newfoundland and Labrador Court of Appeal majority and dismissed the appeal.
Two judges would have allowed the appeal, concluding the trial judge erred in admitting prior sexual history evidence and that the error materially affected the acquittal.
