Supreme Court to rule on whether expanding anti-rape laws violates rights – National

The Supreme Court of Canada will today deliver a constitutional ruling on amendments to Canada’s rape protections laws, passed by the Liberals four years ago.

Anti-rape laws, which have been in force in Canada for several decades, are designed to prevent a complainant in a sexual assault case from using their sexual history to discredit them.

The Criminal Code states that evidence of an applicant’s prior sexual activity unrelated to the present charge can only be admitted with the approval of a judge after a private hearing.

Today’s court ruling will determine whether some of the 2018 amendments to those laws violate a defendant’s right to a fair trial.

These extensions include granting applicants standing to sue and the right to counsel at private hearings of evidence, and requiring a defendant to apply at least seven days’ notice from the judge for permission to admit an applicant’s private records that the defendant is in his or her possession has possession.

They are two separate appeals heard jointly by the Supreme Court, one by a defendant and the other by an applicant.

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