What is the test for determining that there was fraud or misrepresentation in the context of an allegation of sexual assault?

Ontario, Canada


The following excerpt is from R. v. Williams, 2003 CanLII 18484 (ON CA):

In the passage I have set out above from his reasons, the trial judge accurately stated this test. However, in my view, when he came to apply the test to the facts of this case he applied too strict a test requiring a basis for finding that there was “fraud or misrepresentation which caused an abuse of this court’s process”. This test is reminiscent of the holding in Franks v. Delaware, 438 U.S. 154 (1978) that was rejected by the Garofoli court. As Sopinka J. pointed out in Garofoli at p. 197, “if the accused can establish, even on a prima facie basis, deliberate falsehood or reckless disregard for truth”, there is no need to cross-examine.

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