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E-mailed statement raises evidentiary issues

Thursday, March 02, 2017 @ 7:00 PM | By Kim Arnott

The Ontario Court of Appeal has ordered a new trial for a man convicted of sexual assault after finding that the trial judge erred in viewing the complainant’s e-mailed statement to police as corroborative of her testimony.

The appeal raises the “often vexing question of the evidentiary use that can be made of a complainant’s prior consistent statement,” wrote Justice David Doherty, in R. v. B.Z. 2017 ONCA 90.

In July 2012, an 18-year-old Toronto university student sent an e-mail to police claiming that she had...