Law in Quebec

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New trial ordered by Quebec Appeal Court for man convicted of sexual interference on a child

New trial for man convicted of sexual interference on a child

A new trial for a man convicted of sexual interference on a child was ordered by the Quebec Court of Appeal after it held that the trial judge’s refusal to allow the re-opening of the complainant’s cross-examination infringed his right to make full answer and defence.

In a decision brimming with guidance over the scope of sections 10 and 11 of the Canada Evidence Act to dispel “some confusion” around cross-examinations on prior inconsistent statements, the Quebec Appeal Court held that despite the impact of a new trial on the complainant, an autistic child, who will have to testify again, “no other outcome can be considered” when the right to a full answer and defence and the right to a fair trial have been infringed.

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This story was originally published in The Lawyer’s Daily.



One response to “New trial ordered by Quebec Appeal Court for man convicted of sexual interference on a child”

  1. […] New trial ordered by Quebec Appeal Court for man convicted of sexual interference on a child […]

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