Thread by @globeandmail

Highlighting the fall session at the Supreme Court of Canada are criminal-justice cases that touch on broad themes including how to improve the treatment of sexual-assault complainants while still ensuring a fair trial for an accused.

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The Supreme Court’s fall session includes a case on the right to use personal e-mails from sexual-assault complainants in a defence.

▫️ Current cases: R v J.J., R v A.S., Oct. 5-6
▫️ Earlier case: R v Seaboyer, 1991

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Background: When former CBC broadcaster Jian Ghomeshi was acquitted on sexual-assault charges in 2016, it was partly based on the strength of e-mails from complainants that were in his possession and used in cross-examination.

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In 2018, Canada enacted a law requiring accused persons who wish to use similar personal records in their defence to apply to a judge for permission before the trial begins, with complainants able to make arguments and retain legal counsel.

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Defence lawyers say the law represents a seismic shift in criminal justice, forcing the accused to reveal their strategy before trial and putting constraints on cross-examination.

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The B.C. government says the law gives complainants greater confidence in the criminal-justice system, protects their privacy, and helps prevent the use of myths and stereotypes in trials.

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