Is the introduction of other discreditable conduct by the prosecution of a defendant in a sexual assault case admissible?

Ontario, Canada


The following excerpt is from R. v. Burnet, 2018 ONSC 6225 (CanLII):

As a general rule, the introduction of other discreditable conduct by the prosecution is presumptively inadmissible. However, this exception to the overarching rule that all relevant evidence is to be admitted, itself admits of an exception in exceptional circumstances. In other words, the similar fact evidence or other discreditable conduct rule has been described as an exception to an exception to the basic rule that all relevant evidence is admissible: Arp v. The Queen (1998), 1998 CanLII 769 (SCC), 129 C.C.C. (3d) 321 (S.C.C.) at 338.

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