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May 2019 Archives

An overview of R v. Barton

The Supreme Court released its highly anticipated decision in R v. Barton today. The case, which dealt with a myriad of issues arising from the murder trial of Bradley Barton, touches many areas of law, including use of prior sexual activity, honest but mistaken belief in communicated consent, accident and motive. The Court ultimately ordered a new trial on the count of manslaughter, given the errors, particularly with respect to the evidence of the complainant's sexual history, that has ripple effects that prejudiced the trial.  While there are many issues to discuss, this post will simply draw out a few of the key points of the decision. 

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