Majority
The judgment of the Court was delivered orally by
Lamer C.J.
Lamer C.J. ‑‑ This is an appeal as of right. We are all of the view that the trial judge erred in the admission or the use of the evidence of the previous sexual relationship between the complainant and the appellant and that, under the circumstances of this case, the order by the Court of Appeal for a new trial was properly made. Accordingly the appeal is dismissed.
Judgment accordingly.
Solicitor for the appellant: Marcel La Flamme, Whitehorse.
Solicitor for the respondent: The Department of Justice, Whitehorse.