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Ontario judge rules that sexual assault trials need to balance the rights of accused
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Ontario judge rules that sexual assault trials need to balance the rights of accused 

A new decision on the changes to rules of evidence in sexual assault trials determined that the new rules, forcing an accused to reveal defence evidence to a complainant in advance, must be applied carefully in order to comply with the constitution.

In a ruling issued on September 17, 2019, Ontario’s Justice Timothy Breen dismissed the constitutional challenge in R v R.S.(A), stating that evidentiary hearings can only be held after the witness has completed testimony in chief. This means that trials will likely be interrupted for special “voir dire” hearings after cross-examination has begun.

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