By Sumayya
OTTAWA — The Supreme Court of Canada supported a choice on Friday that orders new trials for two people accused of acting as pimps, after deciding that they should have been allowed to question a victim about the business side of her past sex work. The case focused on how section 276 of the Criminal Code is used, which is known as the rape shield law and stops people from using a victim’s past sexual history in court matches.
The law is made to stop “twin-myth” thinking—the wrong idea that a victim’s past behavior means they were more likely to agree to the sexual activity, or that they should not be believed. Two people faced human trafficking and sexual services charges because of their relationship with the victim. Sexual services and human trafficking charges are not actually written down in section 276. Supreme Court Justice Mary Moreau wrote in the all-agreeing choice that section 276 does not automatically apply to those two charges, and there are situations where proof of a person’s sexual history matters. Moreau said in this specific case, the proof centered on the business side of the victim’s past sex work.
“While proof of a victim’s past sex work should not be brought up to show a habit to do sex work or sexual acts generally, such proof can matter for other fair reasoning goals, just like in this current case,” Moreau said in the choice. She said the proof “pointed to the business setup of the victim’s work, not its sexual side, and it was being shown to suggest that the victim previously chose to work in the sex business on her own, instead of being tricked or used by the accused people into working in the business.” Moreau stated that it is the duty of the courts to “balance the removal of myths and fixed ideas in sexual crime cases with the accused person’s right to give a full answer and defense.”
Back in 2020, the two men were first found not guilty of human trafficking, but they were found guilty of advertising, getting, and receiving money or goods from sexual services. The Ontario Court of Appeal accepted their appeal and ordered a new trial for the sexual services charges in 2024. After that, the government lawyers appealed that choice to the Supreme Court.
