6 months ago

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In Episode 169 of Not On Record, criminal defence lawyer Joseph Neuberger and legal commentator Diana Davison examine the Saskatchewan provincial court case R. v. Larter, which led to a powerful acquittal and a striking judicial commentary on the complexity and rigidity of current sexual assault trial legislation. The accused, a male camp counselor, was acquitted due to reasonable doubt in the credibility of the complainant—a biologically female youth who identified as male at the time. The judge’s ruling went far beyond the case itself, presenting a scholarly critique of Canada’s evolving evidentiary framework, which he argues now imposes undue burdens on judges and defence counsel, risks excluding clearly relevant evidence, and prioritizes ideological orthodoxy over fair adjudication. Joseph and Diana unpack how recent legislative reforms have transformed relatively straightforward trials into labyrinthine legal proceedings, often undermining judicial discretion and transparency, and potentially leading to wrongful convictions. They call attention to the urgent need for legal clarity, consistency, and a recommitment to the truth-seeking function of the justice system.

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