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The Chief Justice — A majority of this Court would dismiss the appeal substantially for the reasons of the majority at the Court of Appeal (2024 NLCA 9, 435 C.C.C. (3d) 163). Justices Kasirer and Jamal would have allowed the appeal. They substantially agree with the dissenting judge that the trial judge erred in law by admitting evidence of the complainant’s prior sexual history with the respondent following the application under s. 276 of the Criminal Code, R.S.C. 1985, c. C‑46, and that this error had a material bearing on the acquittal.
Therefore, the appeal is dismissed.
Cases cited
- 2024 NLCA 9 2024 NLCA 9 ¶ 1
Statutes and regulations cited
- Criminal Code s. 276 ¶ 1
- Criminal Code the Criminal Code ¶ 1