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R vs Boone: The Use of Prior Sexual History Evidence

In Case Comments, Cross Examination, Cross-Examination, Evidence Law, Teaching Capsules by Peter Sankoff

In this Video Blog, I concentrate on the Ontario Court of Appeal’s use of s. 276 of the Code – to exclude certain prior sexual history evidence. I go on to comment about the utility of section 276, especially given the Court’s decision that the evidence lacked probative value. You might think I’d say, “well what’s the point of s. …

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Ghomeshi Trial: Communication Between Witnesses

In Case Comments, Character Evidence, Character Evidence, Criminal Law, Evidence Law, Sexual Assault, Teaching Capsules by Peter Sankoff

In this video blog, I take a look at the ongoing Ghomeshi trial and assess the meaning of cross-examination that took place with the third complainant.  One subject of that cross was the fact that she had exchanged at least 5000 messages with another complainant. What is the meaning of this?  How does it affect the Crown’s case?  I explore …