Enhanced protections for the privacy of sexual-assault complainants in federal law have undermined long-held rights of accused persons, including protections against self-incrimination, criminal-defence groups told the Supreme Court of Canada on Wednesday, the second day of a two-day hearing.
Federal law already bans using evidence of past sexual conduct to support an inference that the complainant is less worthy of belief or more likely to have consented. And there is a pretrial process before a judge if an accused wishes access to medical records of the complainant. The 2018 law requires judges to consider factors such as a fair trial and harm to a complainant’s privacy and dignity.
Peter Sankoff, a University of Alberta law professor representing the Criminal Trial Lawyers’ Association, said the defence normally is not obliged to disclose its case.“It’s part of the constitutional principle against self-incrimination,” he told the nine judges. “The principle exists for good reason. It ties directly into the presumption of innocence, the recognition of the imbalance of power between the state and the individual accused.
The 'accused' should have every right to prove their innocence, it's a pillar of justice and the system is fine as is...