lawyer cites dangers of mid

OTTAWA A canada goose outlet canada mid trial appeal about sensitive evidence concerning sexual activity could endanger the timely completion of Joshua Boyle’s assault case, a lawyer for canada goose outlet the former Afghanistan hostage told canada goose uk black friday a judge Wednesday.

Eric Granger said the legal challenge by Boyle’s estranged wife Caitlan Coleman, the alleged victim, is resulting in “fragmented proceedings” amid the pressures of a schedule intended to ensure the constitutional right to be tried within a reasonable time.

Boyle, 35, has pleaded not guilty in the Ontario Court of Justice to offences against Coleman, 33, including assault, sexual assault canada goose outlet online and unlawful confinement.

The offences are alleged to have occurred in late 2017, after the couple returned to Canada goose outlet canada following five years as canada goose outlet uk captives of Taliban linked extremists who seized them during an ill fated backpacking trip to Asia.

Boyle’s trial, which began in late March, is suspended canada goose indefinitely while the dispute Canada Goose Online over evidence plays out in Ontario Superior Court.

At a one day hearing Wednesday, Coleman’s official canada goose outlet lawyer Ian Carter asked the court to review Canada Goose Outlet a recent ruling by trial judge Peter canada goose outlet parka Doody that allows Boyle’s defence to introduce evidence concerning certain consensual sexual activity with his wife.

Granger, the defence lawyer, said the Superior Court review is unnecessary because sufficient safeguards are already built into the process followed by the canada goose uk shop trial judge.

The issue is canada goose outlet shop significant because the law https://www.mild-und-leise.de limits the extent to which an accused person buy canada goose jacket cheap can bring up an alleged victim’s sexual history during a trial. Such information is only supposed to be admissible if it’s directly relevant to the case, and canada goose outlet not to be used to suggest that a complainant is untrustworthy or was more likely to have consented to sexual activity because of his or her history.

As a result, the Superior Court’s decision here, canada goose outlet black friday expected some time next month, is likely to have canada goose black friday sale broad implications for such trials in spelling out whether a complainant can challenge a ruling under the so called rape shield provisions.

Carter, Coleman’s lawyer, argued Wednesday that Doody’s analysis was flawed and that his ruling should be tossed out.

Granger’s co counsel, Lawrence Greenspon, said the judge conducted a thorough evaluation and considered relevant factors in coming to a ruling that some of Boyle’s and Coleman’s history can be brought into the trial.

“He got it absolutely correct,” Greenspon said.

Legislative changes that took effect in December gave complainants in sexual assault cases a bigger say in proceedings on allowable evidence.

Howard Krongold, representing the Criminal Lawyers’ Association Canada Goose sale as an intervener, argued Wednesday that the new measures are limited to the trial level and do not open the door to the canada goose store sort of challenge Coleman is making.

Krongold said the criminal justice system should not be permitted to grind canada goose outlet online uk to a halt when a party believes a trial judge has made a mistake. “A system that does that will not function.”Carter also downplayed the notion that Coleman’s application would “open the floodgates” and make such challenges commonplace.

Boyle’s trial is tentatively slated to resume July canada goose outlet uk sale 2. But timing will depend on the pending Superior Court decision and whether it is appealed, resulting in additional delays.