R. v. Seaboyer
Encyclopedia
R. v. Seaboyer; R. v. Gayme, [1991] 2 S.C.R. 577 is a leading Supreme Court of Canada
decision where the Court struck-down a rape-shield
provision of the Criminal Code of Canada
as it violated the right to "full answer and defence" under sections 7
and 11(d)
of the Canadian Charter of Rights and Freedoms
.
Justice McLachlin, for the majority, found that the Code provision, which prevented those charged with sexual assault offences from cross-examining the complainant about his or her history of sexual activity, could, in some instances, exclude relevant evidence thus impeding the accused's ability to make full answer and defence.
Justice L'Heureux-Dubé, in dissent, found that the Code provision just excluded evidence that would be irrelevant and prejudicial to the integrity and fairness of the trial process.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision where the Court struck-down a rape-shield
Rape shield law
A rape shield law is a law that limits a defendant's ability to cross-examine rape complainants about their past sexual behaviour. The term also refers to a law that prohibits the publication of the identity of an alleged rape victim.-In Canada:...
provision of the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
as it violated the right to "full answer and defence" under sections 7
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
and 11(d)
Section Eleven of the Canadian Charter of Rights and Freedoms
Section Eleven of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution's Charter of Rights that protects a person's legal rights in criminal and penal matters. This includes both criminal as well as regulatory offences, as it provides rights for those accused by...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
Justice McLachlin, for the majority, found that the Code provision, which prevented those charged with sexual assault offences from cross-examining the complainant about his or her history of sexual activity, could, in some instances, exclude relevant evidence thus impeding the accused's ability to make full answer and defence.
Justice L'Heureux-Dubé, in dissent, found that the Code provision just excluded evidence that would be irrelevant and prejudicial to the integrity and fairness of the trial process.
See also
- List of Supreme Court of Canada cases (Lamer Court)
- R. v. O'ConnorR. v. O'ConnorR. v. O'Connor, [1995] 4 S.C.R. 411 is a leading Supreme Court of Canada decision on disclosure of medical records. The Court held that the medical and counselling records of a complainant in a sexual assault case that are held by a third party can be disclosed by order of the judge if they meet...
- R. v. Mills (1999)R. v. Mills (1999)R. v. Mills, [1999] 3 S.C.R. 668 is a leading Supreme Court of Canada decision where the Court upheld the newly enacted rape shield law when challenged as a violation to section 7 and 11 of the Canadian Charter of Rights and Freedoms. The rape shield law was the second of its type, the first having...