Protecting Victims Act (S.C. 2026, c. 19)

Admissibility of Sexual Activity Evidence

Procedure for Accused

Marginal note:Application for hearing

• 276.01 (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 276.02 to determine whether evidence is admissible under subsection 276(2).

• Marginal note:Form and content

  (2) The application must be made in writing and be accompanied by an affidavit setting out detailed particulars of the evidence that the accused seeks to adduce and the relevance of that evidence to an issue at trial, and a copy of the application and the affidavit must be given to the prosecutor and filed with the clerk of the court.

• Marginal note:Jury and public excluded

  (3) The judge, provincial court judge or justice shall consider the application with the jury and the public excluded.

• Marginal note:Hearing

  (4) If the judge, provincial court judge or justice is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and filed with the clerk of the court at least 60 days previously or within any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice, and that the evidence sought to be adduced is capable of being admissible under subsection 276(2), the judge, provincial court judge or justice shall grant the application and hold a hearing under section 276.02 to determine whether the evidence is admissible under subsection 276(2).

• Marginal note:Copy to complainant

  (5) If the judge, provincial court judge or justice grants the application and agrees to hold the hearing, the accused shall cause a copy of the application to be given to the complainant by a person other than the accused.

Marginal note:Hearing — jury and public excluded

• 276.02 (1) The jury and the public shall be excluded from a hearing to determine whether evidence is admissible under subsection 276(2).

• Marginal note:Complainant not compellable

  (2) The complainant is not a compellable witness at the hearing but may appear and make submissions.

• Marginal note:Right to counsel

  (3) The judge, provincial court judge or justice shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel.

• Marginal note:Determination and reasons

  (4) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part of it, is admissible under subsection 276(2) and shall provide reasons for that determination, and

  • (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;

  • (b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and

  • (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.

• Marginal note:Record of reasons

  (5) The reasons provided under subsection (4) must be entered in the record of the proceedings or, if the proceedings are not recorded, must be provided in writing.

Marginal note:Publication prohibited

• 276.03 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following:

  • (a) the contents of an application made under subsection 276.01(1);

  • (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 276.01(1) or at a hearing under section 276.02;

  • (c) the decision of a judge, provincial court judge or justice under subsection 276.01(4), unless the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted;

  • (d) the determination made and the reasons provided under subsection 276.02(4), unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.

• Marginal note:Exception

  (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (d) is

  • (a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;

  • (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or

  • (c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.

• Marginal note:Offence

  (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

Marginal note:Instruction to jury — use of evidence

276.04 If evidence is admitted at trial on the basis of a determination made under subsection 276.02(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.

Marginal note:Appeal

276.05 For the purposes of sections 675 and 676, a determination made under subsection 276.02(4) is deemed to be a question of law.

Procedure for Prosecutor

Marginal note:Application

• 276.06 (1) Application may be made to the judge, provincial court judge or justice by the prosecutor to determine whether evidence is admissible under subsection 276(2).

• Marginal note:Form and content

  (2) The application must be made in writing and must set out detailed particulars of the evidence that the prosecutor seeks to adduce and the relevance of that evidence to an issue at trial.

• Marginal note:Clarification

  (3) The application need not be supported by any affidavit or oral testimony of the complainant or of any other person with knowledge of the complainant’s sexual history, any transcript from any preliminary inquiry or any sworn police statement.

• Marginal note:Copy of the application

  (4) A copy of the application must be given to the accused and filed with the clerk of the court at least 60 days before the hearing or within any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice.

• Marginal note:Jury and public excluded

  (5) The jury and the public shall be excluded from the hearing.

• Marginal note:Complainant not compellable

  (6) The complainant is not a compellable witness at the hearing.

• Marginal note:Determination and reasons

  (7) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part of it, is admissible under subsection 276(2) and shall provide reasons for that determination, and

  • (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;

  • (b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and

  • (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.

• Marginal note:Record of reasons

  (8) The reasons provided under subsection (7) must be entered in the record of the proceedings or, if the proceedings are not recorded, must be provided in writing.

Marginal note:Publication prohibited

• 276.07 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following:

  • (a) the contents of an application made under subsection 276.06(1);

  • (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 276.06(1) or at a hearing under section 276.06;

  • (c) the determination made and the reasons provided under subsection 276.06(7), unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.

• Marginal note:Exception

  (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is

  • (a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;

  • (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or

  • (c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.

• Marginal note:Offence

  (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

Marginal note:Instruction to jury — use of evidence

276.08 If evidence is admitted at trial on the basis of a determination made under subsection 276.06(7), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.

Marginal note:Appeal

276.09 For the purposes of sections 675 and 676, a determination made under subsection 276.06(7) is deemed to be a question of law.

Joint Application

Marginal note:Admissibility of sexual activity evidence

• 276.1 (1) The prosecutor, the accused and the complainant may jointly apply to the judge, provincial court judge or justice for a determination as to whether any evidence referred to in subsection 276(1) is admissible under subsection 276(2) without holding a hearing under section 276.02.

• Marginal note:Form and content

  (2) The application must be made in writing and signed by the applicants and must set out the detailed particulars of the evidence and

  • (a) the relevance of that evidence to an issue at trial;

  • (b) how the conditions for admissibility referred to in subsection 276(2) are satisfied; and

  • (c) any information the applicants consider necessary to assist the judge, provincial court judge or justice when the judge, provincial court judge or justice takes into account the factors referred to in subsection 276(3).

• Marginal note:Copy to clerk

  (3) A copy of the application must be filed with the clerk of the court at least 60 days before the trial.

• Marginal note:Determination and reasons

  (4) The judge, provincial court judge or justice shall, in the absence of the applicants, and without holding a hearing, consider the application and make a determination no later than 30 days after the day on which the application is made as to whether the evidence, or any part of it, is admissible under subsection 276(2) and shall provide reasons for that determination, and

  • (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;

  • (b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and

  • (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.

• Marginal note:Power to grant application or hold hearing

  (5) If the judge, provincial court judge or justice is satisfied that the evidence of sexual activity is admissible under subsection 276(2), taking into account the factors set out in subsection 276(3), they shall grant the application. If they are not so satisfied, they shall hold a hearing under section 276.02 to determine whether the evidence is admissible under subsection 276(2).

• Marginal note:Use of evidence

  (6) If evidence of sexual activity is determined to be admissible, the judge, provincial court judge or justice shall direct the applicants as to the uses that they may and may not make of that evidence.

• Marginal note:For greater certainty

  (7) For greater certainty, the complainant has the right to be represented by counsel.

Marginal note:Publication prohibited

• 276.11 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following:

  • (a) the contents of an application made under subsection 276.1(1);

  • (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 276.1(1);

  • (c) the determination made and the reasons provided under section 276.1, unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.

• Marginal note:Exception

  (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is

  • (a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;

  • (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or

  • (c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.

• Marginal note:Offence

  (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

Marginal note:Instruction to jury — use of evidence

276.12 If evidence is admitted at trial on the basis of a determination made under subsection 276.1(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.

Marginal note:Appeal

276.13 For the purposes of sections 675 and 676, a determination made under subsection 276.1(4) or (5) is deemed to be a question of law.

Reputation Evidence