K. Hebert

The applicant, charged with sexual assault with a weapon, forcible confinement, and break and enter, applied under s. 276(2) of the Criminal Code to adduce evidence of prior sexual activity with the complainant.

The applicant sought to introduce evidence of consensual sexual activity in exchange for drugs two days prior to the alleged offence, to rebut anticipated Crown evidence of unwanted sexual advances on that date.

After the Crown confirmed it would not lead evidence of the unwanted advances, the applicant conceded the application.

The court dismissed the application, noting it could be renewed if the Crown's position changed at trial.

The applicant sought a bail review under section 521 of the Criminal Code to vacate a detention order.

He argued that the initial justice made factual errors and that the proposed new surety's state of knowledge regarding a search warrant execution constituted a material change in circumstances.

The Superior Court of Justice dismissed the application, finding no material change in circumstances and agreeing with the initial justice that there remained a substantial risk of the applicant reoffending.