''R v Seaboyer'',

991 Year 991 (Roman numerals, CMXCI) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events * March 1: In Rouen, Pope John XV ratifies the first Peace and Truce of God, Truce of God, between ...

2 S.C.R. 577 is a leading

Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...

decision where the Court struck-down a rape-shield provision of the Criminal Code as it violated the right to "full answer and defence" under sections 7 and 11(d) of the '' Canadian Charter of Rights and Freedoms''. The case was decided with ''R v Gayme''. Justice McLachlin, for the majority, found that Section 276 of the Criminal Code that prevented those charged with sexual assault offences from

cross-examining In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and m ...

the complainant about his or her history of sexual activity, could, in some instances, exclude relevant evidence thus impeding the accused's ability to make full answer and defence. Justice L'Heureux-Dubé, in dissent, found that the ''Code'' provision just excluded evidence that would be irrelevant and prejudicial to the integrity and fairness of the trial process.

External links

* Canadian Charter of Rights and Freedoms case law Supreme Court of Canada cases 1991 in Canadian case law Rape in Canada Canadian criminal case law Canadian evidence case law {{canada-law-stub

See also

External links