What is the test for admissible sexual activity?
New Brunswick, Canada
The following excerpt is from A.M. v R., 2017 NBQB 61 (CanLII):
The first stage requires the judge to determine on the face of the application materials filed whether the sexual activity evidence sought to be adduced is “capable of being admissible” (See: Janvier v. The Queen 2005 SKQB 77 at para. 8). Consequently, the foremost question becomes – what is the issue(s) at trial that the defence says makes specific instances of the complainant’s sexual activity relevant?
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