This paper provides a case study approach to pre-trial considerations in sexual assault cases. It begins with a short factual scenario that is then used as the framework to discuss key pre-trial considerations. It discusses the following cases: R v O’Connor, R v Mills, R v McNeil, and R v Quesnelle. It also reviews the two-stage test for ordering the production of documents.
This paper is part of a collection presented at LESA’s Criminal Procedure Fundamentals program in Calgary on September 21, 2018 and in Edmonton on September 28, 2018.