The Supreme Court of Canada upheld an order for new trials for two people facing human trafficking and sexual services charges, finding section 276 does not categorically apply to those offences.
The Story
The Supreme Court of Canada has upheld a lower-court decision ordering new trials for two people charged with human trafficking and sexual services offences, concluding that they should have been able to cross-examine a complainant about the commercial aspect of her prior sex work.
The ruling focused on the scope of section 276 of the Criminal Code, commonly referred to as the “rape shield law,” which limits the use of evidence about a complainant’s sexual history in court proceedings.
In its decision, the Court noted that sexual services and human trafficking offences are not listed in section 276.
Supreme Court Justice Mary Moreau wrote for a unanimous Court that section 276 does not categorically apply to those two offences, and that there are cases where evidence of sexual history may be relevant.
Moreau said the evidence at issue in this case centred on the commercial aspect of the complainant’s prior sex work and was aimed at showing she had previously worked voluntarily in the sex industry and was not recruited by the accused.
← More stories