Kirsten Lancee defended AB against an allegation of sexual assault against his former partner. In advance
of trial, Kirsten prepared a s. 276 application to adduce prior sexual history between the parties. This
evidence was crucial to advance the client’s defence that he honestly, if mistakenly, believed that the
complainant was consenting to sexual activity at all relevant periods. The Crown was opposed to the
admission of this evidence at trial. The Lethbridge Court of Justice judge agreed with Defence that the
evidence was clearly relevant to the issues at trial. After receiving this ruling, the Crown withdrew the
charge of sexual assault in advance of trial.
Read the full written decision: R v AB, 2022 ABPC 193
https://www.canlii.org/en/ab/abpc/doc/2022/2022abpc193/2022abpc193.html
