Thursday, February 5, 2026
ADVT 
National

New Supreme Court Rulings On Sexual-history Evidence Delays Joshua Boyle Trial

Darpan News Desk The Canadian Press, 02 Jul, 2019 08:25 PM
  • New Supreme Court Rulings On Sexual-history Evidence Delays Joshua Boyle Trial

OTTAWA — The sexual-assault trial of former Afghanistan hostage Joshua Boyle is dealing with more concerns about admitting evidence of the alleged victim's past sexual history.


Boyle, 35, has pleaded not guilty to offences allegedly committed against his wife, Caitlan Coleman, including assault, sexual assault and unlawful confinement.


The offences are alleged to have occurred in late 2017, after the couple returned to Canada following five years as captives of Taliban-linked extremists who seized them during a backpacking trip in Asia.


Coleman, who is now estranged from Boyle, was set to be cross-examined Tuesday following a weeks-long delay over what evidence of their sexual history could be raised by the defence.


An Ontario Superior Court judge ruled in early June that Boyle's lawyer could introduce some of that history, which is unusual in sexual-assault cases.


However the cross-examination now won't happen until at least Wednesday after Judge Peter Doody asked the Crown and defence to consider whether two recent decisions by the Supreme Court of Canada have any bearing on evidence already given by Coleman during direct testimony in March.


While the June ruling covered a request by the defence to introduce evidence concerning certain consensual sexual activity between Boyle and Coleman, Tuesday's concerns surround such evidence that has already been raised at trial by the Crown.


Doody raised six specific things Coleman said in March that he is concerned might now be affected by court decisions delivered since that testimony was given.


In May, the Supreme Court ordered a new trial for Bradley Barton, an Ontario trucker acquitted of first-degree murder and manslaughter in the 2011 death of Cindy Gladue in Alberta. In that case the top court raised questions about information entered into evidence about the victim by both the Crown and the defence, which was said to be prejudicial against her.


And just last week, the high court ordered a new trial for Patrick John Goldfinch, who had been acquitted of a 2014 sexual assault. The Supreme Court said information about a past sexual relationship between the alleged victim and the accused should not have been entered into evidence and refined the rules for when such evidence is acceptable.


Doody is hearing arguments from the Crown and defence Tuesday afternoon, and said he'll deliver a decision as soon as he can about whether the evidence from March he is concerned about will be deemed inadmissible.


Defence lawyer Lawrence Greenspon says he cannot cross-examine Coleman until the decision is made because some of his questions would pertain to the evidence now in question.

MORE National ARTICLES

Jasmine Mander Is The 2018 Recipient Of The Bobbie Steen Legacy Foundation Award In Sport

THE 2018 recipient of the Bobbie Steen Legacy Foundation Award in Sport is Jasmine Mander, ProMOTION Plus, a committee of Sport BC, has announced.

Jasmine Mander Is The 2018 Recipient Of The Bobbie Steen Legacy Foundation Award In Sport

Immigration Minister Ahmed Hussen Names 11 Communities For Rural Immigration Experiment To Attract Newcomers

"People don't realize just how much the rural economy needs immigration," Hussen said.

Immigration Minister Ahmed Hussen Names 11 Communities For Rural Immigration Experiment To Attract Newcomers

VIDEO: B.C. Woman Jeeti Pooni In 'Complete Shock' After Sex Abuse Convictions Tossed Over Court Delays

Manjit Singh Virk was convicted on April 6, 2018, of sexually abusing Pooni, sister Salakshana and their cousin Rajinder Rana.

VIDEO: B.C. Woman Jeeti Pooni In 'Complete Shock' After Sex Abuse Convictions Tossed Over Court Delays

Surrey Truck Driver Rajvinder Singh Sidhu Killed In Accident In Delta

The investigation remains ongoing as to the cause of this crash, and police will not be commenting at this time on possible factors involved.

Surrey Truck Driver Rajvinder Singh Sidhu Killed In Accident In Delta

Police Accuse Raptors President Masai Ujiri Of Assaulting Sheriff’s Deputy Moments After NBA Finals Victory

The local sheriff's office in Oakland, Calif., alleges Raptors president Masai Ujiri assaulted a sheriff's deputy moments after Toronto secured its first NBA title.

Police Accuse Raptors President Masai Ujiri Of Assaulting Sheriff’s Deputy Moments After NBA Finals Victory

Federal Carbon Tax Coming To Alberta In January: Environment Minister Catherine McKenna

Ottawa says a federal carbon tax will be imposed on Alberta starting Jan. 1.

Federal Carbon Tax Coming To Alberta In January: Environment Minister Catherine McKenna