R V Seaboyer
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''R v Seaboyer'', 9912 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 A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
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 ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
''. 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 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.


See also

*
List of Supreme Court of Canada cases (Lamer Court) This is a chronological list of notable cases decided by the Supreme Court of Canada from appointment of Antonio Lamer as Chief Justice of Canada to his retirement. 19901994 19951999 See also * List of notable Canadian Courts of Appeals cases ...
*
R v O'Connor ''R v O'Connor'', 9954 S.C.R. 411 is a leading Supreme Court of Canada decision on disclosure of medical records. O’Connor was accused of and charged with rape and indecent assault of four women. The Court held that the medical and counselling ...
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R v Mills (1999) :''See R v Mills (disambiguation) for other cases by same name'' ''R v Mills'', 9993 S.C.R. 668 is a leading Supreme Court of Canada decision where the Court upheld the newly enacted rape shield law when challenged as a violation to section 7 an ...


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