The Supreme Court of Canada will today issue a constitutional ruling on extensions of the shield laws against rape in Canada made by the Liberals four years ago.
Rape shield laws, which have been in place in Canada for several decades, seek to prevent a whistleblower in a sexual assault case from using his or her sexual history to discredit him or her.
The Penal Code says that evidence of a whistleblower’s previous sexual activities that is not related to the charges in question can only be admitted with the permission of a judge after a private hearing.
Today’s court ruling will determine whether any extensions of these laws made in 2018 violate a defendant’s rights to a fair trial.
These extensions include the granting of a whistleblower and the right of counsel to private hearings on evidence, and that the defendant must seek permission from the judge at least seven days in advance to admit the private records of a denouncing that the accused has in his possession.
These are two separate appeals that were heard jointly by the Supreme Court, one filed by one defendant and the other by a complainant.
This report from The Canadian Press was first published on June 30, 2022.