Canada: Ontario court upholds ruling to allow sexual activity evidence in Boyle case - - PressFrom - Canada
  •   
  •   
  •   

CanadaOntario court upholds ruling to allow sexual activity evidence in Boyle case

07:20  12 june  2019
07:20  12 june  2019 Source:   msn.com

Rosie DiManno: Caitlan Coleman is quiet no more

Rosie DiManno: Caitlan Coleman is quiet no more Not only was it psychological, it was physical, it was sexual. I was actually more afraid of him than our captors. Hostage videos. Liberation videos. Carefully crafted media interviews. There’s never been a time when Joshua Boyle and Caitlan Coleman haven’t riveted. Whether pleading for help as a pair of galumphing terror-tourists abducted in Afghanistan and kept imprisoned by the Taliban for five unimaginably arduous years, or spinning the narrative of their hardship after rescue by Pakistani troops in October 2017, or in the delivery of testimony in an Ottawa courtroom in April at a trial that has now been procedurally sidetracked.

Ontario court upholds ruling to allow sexual activity evidence in Boyle case © Provided by Canadian Press Enterprises Inc

OTTAWA — A lawyer for Joshua Boyle can introduce evidence of his client's estranged wife's past sexual history at the former Afghanistan hostage's trial, the Ontario Superior Court of Justice has ruled.

Boyle, 35, has pleaded not guilty in the Ontario Court of Justice to offences against Caitlan Coleman, 33, including assault, sexual assault and unlawful confinement.

The Superior Court judgment upholds a decision last month by trial judge Peter Doody that was the subject of a review requested by Coleman's lawyer Ian Carter.

"The Court finds the Justice Doody was correct in finding that the proposed evidence has significant probative value which is not substantially outweighed by the danger of prejudice to the proper administration of justice," Justice Ronald Laliberte wrote in a judgment released Tuesday.

Susan Boyle explains why she was relieved to be diagnosed with Asperger's Syndrome

Susan Boyle explains why she was relieved to be diagnosed with Asperger's Syndrome “Britain’s Got Talent” singing sensation Susan Boyle is opening up about her Asperger’s Syndrome revealing that the diagnosis actually helped her deal with her sudden fame. The 58-year-old took the stage roughly 10 years ago and quickly became a viral sensation with her rendition of “I Dream a Dream.” From there, it was an instant rocket-ride to fame, which the singer recently revealed almost pushed her out of the limelight entirely. SUSAN BOYLE HAS HER FIRST BOYFRIEND AT 53 "I was all set to quit the show," Boyle said on a recent episode of “A Current Affair” with  Tracy Grimshaw (via Nine).

The offences are alleged to have occurred in late 2017, after the couple returned to Canada following five years as captives of Taliban-linked extremists who seized them during a backpacking trip to Asia.

In April, the defence made the application to introduce evidence concerning certain consensual sexual activity between Boyle and Coleman.

Eric Granger, the defence lawyer, said the Superior Court review was unnecessary because sufficient safeguards are already built into the process followed by the trial judge.

The issue is significant because the law limits the extent to which an accused person can bring up an alleged victim's sexual history during a trial.

Such information is only supposed to be admissible if it's directly relevant to the case, and not to be used to suggest that a complainant is untrustworthy or was more likely to have consented to sexual activity because of his or her history.

Supreme Court allows suit against St. Joseph's Oratory over abuse allegations

Supreme Court allows suit against St. Joseph's Oratory over abuse allegations OTTAWA — The Supreme Court of Canada has rejected a bid by Montreal's Saint Joseph's Oratory to be excluded from a sexual assault class action suit. 

The Superior Court's decision could have implications for such trials in spelling out whether a complainant can challenge a ruling under the so-called rape-shield provisions.

Coleman's lawyer argued that Doody failed to recognize a Supreme Court of Canada ruling that evidence of extrinsic sexual activity of the complainant is rarely relevant to support a denial that the sexual activity charged took place.

Laliberte wrote that Doody was correct in finding the proposed evidence is relevant to an issue at trial.

He noted that the defence position is that the alleged sexual violence did not happen and has argued that Coleman is consciously or unconsciously "inserting" into her evidence consensual activities that she and Boyle did, but added features to make those activities non-consensual.

Doody had found the proposed evidence was relevant due to statements she made to police in 2017 where Colemen said she couldn't say with absolute certainty about what happened. She also said that memories can be invented and inserted.

Laliberte said the court must recognize that a balance must be achieved in weighing Charter rights.

"The point of all this is not to deny the importance of a complainant's right to privacy, dignity and equality in matters of sexual violence," he wrote.

"An accused person who is presumed innocent and whose liberty is at stake should not be given lesser rights."

Boyle's trial, which began in late March, was suspended last month over the dispute about the evidence.

The trial is to resume July 2.

The Canadian Press

Read more

Police to announce details of investigation into Ontario-based child porn retailer.
VAUGHAN, Ont. — Authorities are to announce details today of a years-long investigation into what they describe as an Ontario-based online "big box store" for child pornography. Provincial police say they collaborated with the Toronto Police Service and the U.S. Department of Homeland Security on the investigation, which has culminated in numerous arrests. They say nearly seven years of work has led them to take down the operation. Officers allege the online store was providing photos and videos of child pornography to thousands of paying customers around the world. Police say they've laid unprecedented criminal charges in the case.

—   Share news in the SOC. Networks

Topical videos:

usr: 1
This is interesting!