P. Thompson

The accused brought an application under s. 276 of the Criminal Code seeking to admit evidence of prior consensual sexual activity with the complainant involving a “threesome” that occurred approximately three years before the alleged sexual assault.

The defence argued the prior incident supported an honest but mistaken belief in communicated consent.

The court held that the proposed evidence, while relating to a specific instance of sexual activity, was not relevant to a live issue at trial because the competing positions were complete consent versus incapacity, leaving no air of reality to the defence of mistaken belief.

The court further found that the limited probative value of the evidence was substantially outweighed by the risk of prejudice, including undermining the complainant’s dignity and inviting impermissible reasoning.

The application was dismissed.

The accused applied for judicial interim release under s. 522 of the Criminal Code while charged with first degree murder arising from a fatal stabbing.

The proposed release plan involved multiple sureties, including family members and a friend, and strict conditions of residence, curfew, employment, and non-contact with witnesses.

The Crown opposed release, citing a history of breaching court orders, absconding from jurisdiction for extended periods, substance abuse, violent conduct, and the strength of the Crown’s case.

The court found the accused posed a significant flight risk and raised concerns regarding witness safety and potential interference with the administration of justice.

Detention was ordered on the primary, secondary, and tertiary grounds.