SELECTED CASE LAW
ONTARIO:
In 2016 ONSC 5141, Mr. L was charged with sexual assault, invitation to sexual touching, and sexual exploitation of his 15-year-old stepdaughter, Ms. L.
The trial judge had admitted a sex tape into evidence that included a voice giving Ms. L and her friend sexual instructions. A police officer identified Mr. L’s voice from his police interviews.
In a retrial, Mr. L applied to have voice identification evidence excluded. Mr. L argued that his right to counsel had been violated and the Court should therefore exclude the video, but the court dismissed the application, finding the police had acted appropriately.
Also see: 2016 ONSC 3341 (Hearsay evidence); 2015 ONCA 37 (Appeal).
Criminal Offence(s): Sexual Assault