Some important news to share regarding a recent decision by the Supreme Court of Canada that will have significant implications in our field. This month, the Supreme Court made a landmark ruling in the Killarney case, introducing essential amendments to the Canadian Criminal Code.

 

The ruling clarifies that “no sex is still sex.” This means that a party cannot rely on or question a victim about being a virgin or re-virginated. Additionally, periods of celibacy or declarations of celibacy are now protected under sections 266, 267, and 268 of the Criminal Code.

 

Furthermore, the Supreme Court has established a specific test for the Crown to follow when they wish to introduce evidence of this nature. While the Criminal Code already outlines a process and procedure for when defense counsel wants to present evidence of a victim’s prior sexual conduct or other protected subject areas, the Court found this one-sided process to be unfair to the defense. Therefore, the Supreme Court has mandated that the Crown must also have a similar process in place. With a few adjustments, the common law can accommodate this requirement, ensuring that the Crown follows a similar procedure when seeking to present such evidence against the defense.

 

This groundbreaking case will be one to watch as it unfolds in various common law decisions over the coming months. Please stay tuned for further updates and implications that may arise from this ruling.