The accused, A.J., brought an application under section 276 of the Criminal Code to admit evidence of the complainant's prior sexual activity with the accused in a sexual assault trial.
The Crown and counsel for the complainant opposed the admission, arguing it was not relevant or significantly probative.
The court found the evidence admissible, determining it was not adduced to support "twin myths," was relevant to the issue of consent and credibility given the differing accounts of the parties' relationship, consisted of specific instances of sexual activity, and had significant probative value not substantially outweighed by prejudice.
The court emphasized the accused's right to make full answer and defence and the need for a complete factual picture.