By Canadian Press

Supreme Court of Canada affirms appeal review standards, rejects novel approach

Mar 8, 2024 | 9:52 AM

OTTAWA — The Supreme Court of Canada has affirmed the standards that appeal courts have long used to review trial judgments, saying they promote the fair assessment of testimony.

In a ruling today in two sexual assault cases, the top court declined to recognize a novel rule that has been applied by some courts of appeal.

The new rule was sometimes used when an appeal court determined that a trial judge had relied on a common-sense assumption that was not grounded in the evidence.

The Supreme Court says the rule has been applied in sexual assault cases that turn on competing accounts of the accused and the complainant.

The high court calls the rule a significant departure from established standards of review concerning credibility and reliability assessments in criminal cases.

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The court says no such change to the law is warranted.

This report by The Canadian Press was first published March 8, 2024.

The Canadian Press

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