Supreme Court decision says sexual history relevant in some cases

OTTAWA — The Supreme Court of Canada has upheld a decision ordering new trials for two people facing human trafficking and sexual services offences, after concluding they should have been able to cross-examine a complainant about the commercial aspect of her prior sex work.

The case looked at the application of section 276 of the Criminal Code, known as the rape shield law, which limits use of evidence about a complainant’s sexual history in court proceedings.

Two individuals faced human trafficking and sexual services offences arising out of their relationship with the complainant.

Sexual services and human trafficking offences are not listed in section 276.