Case Categories: 5 - EVIDENCE and Prior sexual conduct - s.276 application
R v. L.S., 2017 ONCA 685, 2017 OJ No. 4586 (OCA – Doherty):
[81] The plain meaning of the words of ss. 276(1) and (2) is consistent with the purpose of those
sections. The phrase “sexual activity” is not qualified in either section. Evidence that two people
were in a relationship involving regular consensual sexual intercourse is clearly evidence that those
two people were “engaged in sexual activity”. As the plain meaning of the words promotes the
purpose underlying the sections, I see no reason to depart from the plain reading. R. v. C. (A.R.) was
wrongly decided on this point. Section 276(2) applies to “relationship” evidence of sexual activity.
Case Categories: 5 - EVIDENCE and Prior sexual conduct - s.276 application