What is the burden of proof in a sexual assault case?
Nova Scotia, Canada
The following excerpt is from Cromwell v. Leon's Furniture Ltd. (No. 2), 2014 CanLII 150063 (NS HRC):
The Court of Appeal in Peel Law Assn. at paras. 71 and 72 explained the distinction between the burden of proof which, in this context, rests upon the Commission and complainant and the shifting of the evidentiary burden to the respondent after a prima facie case has been established, adopting the reasons of Sopinka J. in Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311 at pp. 329–30:
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