What is the test for reopening a sexual assault trial after a period of more than 20 years?

Nova Scotia, Canada


The following excerpt is from J.M.J. v. C.L.J., 2007 NSSC 242 (CanLII):

Further, at para. 24: To reopen a trial after this long period the evidence which leads to the reopening must be such that it will, taken with the other evidence adduced as trial, be expected to have affected the result (see Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 R.C.S. 759, per McIntyre, J. at page 775).

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