Analysis of case law, criminal procedure, and evidence in Canadian sexual assault proceedings, written by criminal defence lawyer Aasheesh Puri.
Sexual Assault Blog is an independent Canadian legal publication examining sexual assault law as it plays out in real cases – covering case law, criminal procedure, evidence, and sentencing decisions. It’s written by Aasheesh Puri, a criminal defence lawyer practicing in British Columbia.
If you are a complainant in a sexual assault case, the criminal trial process can feel as though it is proceeding around you rather than with you. The Crown represents the public interest, not the complainant’s personal legal interests, and the defence represents the accused. In certain circumstances, a complainant
Disclosure is the foundation of every criminal defence. Before counsel can advise, develop strategy, or prepare for trial, they must know what the Crown’s case contains. In sexual assault cases, disclosure is particularly important because much of the evidence is sensitive, the issues often turn on credibility, and parts of
In 2018, Parliament added a new regime to the Criminal Code dealing with records already in the possession of the accused. Sections 278.92 to 278.94 set out a process for when the defence wants to use records relating to the complainant that contain information in which the complainant has a
Sexual assault law in Canada has changed significantly over the past decade. The Supreme Court of Canada has issued a series of decisions that have reshaped how trials are conducted, how evidence is admitted, and how sentencing is approached. Anyone working in this area, whether as counsel or as someone
Most people assume that an appeal is a second trial. It is not. An appeal court does not hear the witnesses again, does not weigh the evidence afresh, and does not substitute its own view of who was telling the truth. That is why so many appeals fail. When a
Section 276 of the Criminal Code is one of the most important evidentiary rules in sexual assault trials. It governs when, if ever, the defence may introduce evidence of a complainant’s sexual activity outside of the specific allegation before the court. Often referred to as the “rape shield” provision, it