The accused, charged with sexual service and human trafficking offences, brought a motion for directions on whether he was required to bring an application under s. 276 of the Criminal Code before adducing evidence of the complainant's prior sexual activity.
The accused argued that s. 276 does not explicitly list sexual services or human trafficking offences.
The court conducted a statutory interpretation analysis, relying on recent Supreme Court of Canada jurisprudence, and concluded that the s. 276 regime does apply to these offences.
The accused was directed to bring a s. 276 application before adducing such evidence.