When will a defence counsel ask the complainant a few general questions about their sex practices that involve the complainant's personal security or privacy?

New Brunswick, Canada


The following excerpt is from A.M. v R., 2017 NBQB 61 (CanLII):

These two factors so closely overlap, at least in the context of this case, they meld into one. I address them by adopting the rationale of E.D. Johnson J. in R v. Ian, supra: I find myself in the same position as Spies J. and do not believe permitting defence counsel to ask the complainant a few general questions about their sex practices that involve [as set out before] will significantly impact her right to privacy or her personal security. Since this is a judge alone trial the risk of the invasion of privacy rights is minimal and I will be able to control the extent of the cross-examination without the risks posed by a jury trial. (Square Brackets Comment Inserted) (At para. 81)

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