Christie Blatchford: What stopped the Boyle trial could put every single sex assault case ‘in limbo’

  • 📰 nationalpost
  • ⏱ Reading Time:
  • 62 sec. here
  • 3 min. at publisher
  • 📊 Quality Score:
  • News: 28%
  • Publisher: 80%

Law Law Headlines News

Law Law Latest News,Law Law Headlines

The trial has been paused because a third party — Boyle’s estranged wife, and her lawyer — has essentially and with the permission of the law hijacked the proceeding

OTTAWA — The high-profile trial of former Afghan hostage Joshua Boyle is now on an indeterminate but likely lengthy delay.

In other words, the new rules, which deal with attempts by defence lawyers to introduce evidence of a complainant’s other sexual activity, grant complainants formal “standing” or status. Kasper, who is challenging the constitutionality of the “standing” requirement in Ontario Superior Court in May in a different case, says “the level of confusion that has arisen in the bar is disastrous. Every single case is in limbo.”

Earlier this month, with Coleman in the middle of her cross-examination, Boyle’s lawyer, Lawrence Greenspon wanted to ask her about allegedly consensual sexual activity with Boyle. He succeeded there, which under the new rules meant there had to be a separate admissibility hearing, which was held in private.

But since then, Carter told the judge Wednesday in a brief proceeding, he has changed his mind and will proceed instead by bringing a certiorari application — certiorari is a so-called “prerogative writ,” which is a form of judicial review and immediately suspends the trial — to Superior Court. On a backpacking trip to Central Asia in 2012, the couple lasted all of a week in war-torn Afghanistan before they were abducted by the Taliban-affiliated Haqqani network.

 

Thank you for your comment. Your comment will be published after being reviewed.
Please try again later.
We have summarized this news so that you can read it quickly. If you are interested in the news, you can read the full text here. Read more:

 /  🏆 10. in LAW

Law Law Latest News, Law Law Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

Appeal of ruling suspends assault trial for ex-Afghanistan hostage Joshua BoyleThe assault trial of former Afghanistan hostage Joshua Boyle will be delayed for weeks or even months while the courts settle a dispute over whether his sexual history with his wife is admissible evidence. Hope he does time. He's an idiot and he's costing tax payers waaaaay too much money. No wonder his captors let him go. They prolly gave him a first class ticket to leave their country. A Trudeau friend going through the legal system has his trial suspended. This may be on the up and up, but when it comes to Trudeau's inner circle and justice, I can't help but be suspicious.
Source: CTVNews - 🏆 1. / 99 Read more »

Appeal of ruling suspends assault trial for ex-Afghanistan hostage Joshua BoyleThe assault trial of former Afghanistan hostage Joshua Boyle will be delayed for weeks or even months while the courts settle a dispute over whether his sexual history with his wife is admissible evidence. Absolutely disguising, he wasn't a hostage. He voluntarily went on a pilgrimage to meet Jihadis. Why won't you ask his wife about her time as the hostage, Joshua was complicit in abusing her and the children. Please stop referring to him as an ex hostage. It makes him sound like a victim and he is no victim !! *Alleged hostage. You use 'alleged' even when you are talking about things that was recorded, proven, prosecuted. You should use it re this creature too. No one proved he was held as a hostage.
Source: CP24 - 🏆 30. / 67 Read more »

Appeal of ruling suspends assault trial for former Afghanistan hostage Joshua BoyleBoyle has pleaded not guilty in Ontario court to offences against his wife Caitlan Coleman, including assault, sexual assault and unlawful confinement
Source: globeandmail - 🏆 5. / 92 Read more »

Joshua Boyle’s trial could be delayed by months after appeal of ruling suspends proceedingsCaitlan Coleman’s lawyer is asking a superior court to review a ruling that allows Boyle to introduce evidence concerning certain consensual sexual activity with his wife Justin is working behind the scene for his pal. If Boyle is lucky, Trudeau will call in a Liberal style favour and this guy will walk away just like Jussie Smollett Trudeaus buddy.
Source: nationalpost - 🏆 10. / 80 Read more »

News groups fight to keep Harvey Weinstein’s sexual assault case hearing openProsecutors contend the hearing should be closed to protect Weinstein’s right to a fair trial and for the privacy of women Often times the most heinous criminals look incredibly unassuming. Not the case this time around. If I had to imagine what a serial rapist looked like, I would definitely imagine something like how this guy looks.
Source: globeandmail - 🏆 5. / 92 Read more »