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The Supreme Court Ruling on The New Rules of Evidence In Sexual Assault Trials - Toronto Criminal Defence Lawyers

bloodfuel

July 25, 2022
14 upvotes
/r/LeftWingMaleAdvocates
https://nrlawyers.com/the-supreme-court-ruling-on-the-new-rules-of-evidence-in-sexual-assault-trials/
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Title The Supreme Court Ruling on The New Rules of Evidence In Sexual Assault Trials - Toronto Criminal Defence Lawyers
Author

bloodfuel

Upvotes 14
Comments 7
Date July 25, 2022 2:26 AM UTC
(3 years ago)
Subreddit Posted in /r/LeftWingMaleAdvocates
Original Link https://old.reddit.com/r/LeftWingMaleAdvocates/comments/w7cw44/the_supreme_court_ruling_on_the_new_rules_of/
Archive Link https://theredarchive.com/r/LeftWingMaleAdvocates/the-supreme-court-ruling-on-the-new-rules-of.1124940
https://theredarchive.com/post/1124940
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Comments

[–]bloodfuel[S] 5 points6 points7 points 3 years ago (3 children) | Copy Link

The Supreme Court majority has discouraged this practice, making it less effective by allowing for the complainant to potentially have notice and participation in a motion for directions while maintaining that the complainant did not have standing or participation in Stage One of an actual application.
Some vague reference to a judge's ability to assign weight to evidence of a complainant based upon enhanced details or altering of their evidence is of little comfort to an accused whose liberty and life is at stake.
These applications will continue to create access to justice issues, increasing the cost of legal fees with the new procedures, and the applications must be carefully crafted because they must be filed prior to trial and prior to the complainant's testimony in court.

What are your thoughts on this?

[–]WeEatBabiesleft-wing male advocate 14 points15 points16 points 3 years ago* (1 child) | Copy Link

My thoughts on this are as follows : like mention early in the article you posted, the law was introduced following Jian Ghomeshi's very public trial.

​

The trial ended with the judge siding with Ghomeshi and borderline berating the prosecution.

Ghomeshi's lawyer had ambushed his accuser on the stand with 10 years of love letters she sent Ghomeshi following their breakup.

Realizing he wasn't coming back, she upgraded one of the last time they had sex to grape and filed a report with the police, again 10 years after the fact.

They even had an email from the day after the alleged incident saying something along the line : "You rock my world last night ... etc."

​

Ghomeshi did lose his job and never got it back, but was found innocent.

​

Since we can't have that happening again in Canada, only in sexual assault trials, all communication must be disclosed prior to trial, that way accuser won't be put on the spot with their own words, and the prosecution can prepare them to those questions.

Also, all the preparation in the world can be hard to contradict when it's 10 years worth of love letters, so the judge can outright not allow them in court.

​

That's the spirit/reason of the law, a false accuser was proven to be a liar and it shouldn't be that easy!

I repeat, this law exist because an innocent man was found to be innocent indeed.

This is crazy to me!

​

If you read the comment from the supreme court verdict in this article : https://www.reuters.com/world/americas/canadas-supreme-court-upholds-expansions-rape-shield-laws-2022-06-30/

​ "Ultimately, the right to a fair trial does not guarantee "the most advantageous trial possible from the accused’s perspective" nor does it guarantee "perfect justice," the ruling on Thursday said.

Completely crazy to me, the courts should always be on the side of caution to make sure no innocents go prison. But it angers feminists so, better send some innocents to prison!

[–]Better_Repeat 3 points4 points5 points 3 years ago (0 children) | Copy Link

​ "Ultimately, the right to a fair trial does not guarantee "the most advantageous trial possible from the accused’s perspective" nor does it guarantee "perfect justice," the ruling on Thursday said.

"Rather, the guarantee is fundamentally fair justice, which requires consideration of the privacy interests of others involved in the justice system," the ruling added.

A woman's privacy is more important than a man's liberty and basic human rights. Nice one, Canada.

[–]griii2left-wing male advocate 0 points1 point2 points 3 years ago (0 children) | Copy Link

The Supreme Court majority has discouraged this practice

What practice? Thanks!

[–]a-man-from-earth1 points 3 years ago [recovered] (3 children) | Copy Link

You should have received a message saying that we require you to leave a top-level comment that elaborates upon the subject and provides a basis for further discussion.

[–]bloodfuel1 points 3 years ago [recovered] (2 children) | Copy Link

I responded to that I believe

[–]a-man-from-earth1 points 3 years ago [recovered] (1 child) | Copy Link

Responding to AutoModerator does nothing. You need to make a top-level comment here.

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