R v Reddick, 1991 – 1 SCR 1086 (McLachlin): [3] The defence of honest but mistaken belief that the victim consented to the sexual intercourse on which the charge of sexual assault is based is available only where it is supported by evidence from sources other than the accused, which lends the defence an “air of reality”. As McIntyre J. Read more...
R v. Kutynec, 1992 CanLII 7751 (OCA – Finlayson): [16] As a basic proposition, an accused person asserting a Charter remedy bears both the initial burden of presenting evidence that his or her Charter rights or freedoms have been infringed or denied, and the ultimate burden of persuasion that there has been a Charter violation. If the evidence does not Read more...
R v MLM, 1994 SCJ 34 (Sopinka): [2]….The majority of the Court of Appeal was in error in holding that a victim is required to offer some minimal word or gesture of objection and that lack of resistance must be equated with consent. Read more...
R v Park, 99 CCC (3d) 1 (Lamer): [20] Essentially, for there to be an “air of reality” to the defence of honest but mistaken belief in consent, the totality of the evidence for the accused must be reasonably and realistically capable of supporting that defence. Although there is not, strictly speaking, a requirement that the evidence be corroborated, that Read more...
R v O’Connor – (1995) 4 SCR 411 (McLachlin): [193] The task before us on this appeal is to devise a test for the production of records held by third parties which preserves the right of an accused to a fair trial while respecting individual and public interest in privacy and the efficient administration of justice. The key to achieving Read more...