What is the test for admitting evidence in a sexual assault case?

Ontario, Canada


The following excerpt is from R. v. S.P., 2021 ONCA 233 (CanLII):

This proposed evidence does not meet the requirements for admission in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759: the evidence will generally not be admitted if by due diligence it could have been adduced at trial; the evidence must be relevant in the sense that it bears upon a decisive or potentially decisive issue in the trial; the evidence must be credible in the sense that it is reasonably capable of belief; and it must be such that if believed, it could reasonably, when taken with the other evidence at trial be expected to have affected that result.

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