EP#186 | Trial Strategy When Fighting Global Accusations

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In Episode 186, the team tackles a thorny “global charge” spanning more than two decades and uses it to unpack one of criminal law’s hardest strategic calls: how to handle prior discreditable conduct and bad-character evidence in domestic-context sexual assault prosecutions. Drawing on Ontario Court of Appeal guidance in R v MRS (2020 ONCA 667) and R v ZWC (2021 ONCA 116), they contrast narrative relevance with forbidden propensity reasoning, and debate when to object pre-trial versus “lean in” to expose contradictions, motive to fabricate, and animus especially when allegations number in the hundreds and particulars are thin. They weigh risks on appeal, the limits of motions for particulars, credibility traps in he-said-she-said trials, and how custody disputes and timing can colour the evidentiary landscape. It’s a candid, practice-level conversation about judgment calls that can win a case or foreclose appellate remedies.

R. v. MRS, 2020 ONCA 667 - https://canlii.ca/t/jb6p4

R. v. Z.W.C., 2021 ONCA 11 - https://canlii.ca/t/jddvg

🔹Short Description:
🏒Bad-character evidence, narrative vs. propensity, and the perilous choice to object or lean in. Episode 186 breaks down strategy in a 20-plus-year “global charge” case.
⚖️📢🎙️

📝Meta Description:
Not on Record unpacks bad-character evidence strategy in a decades-long “global charge” sexual assault case, with insights from MRS and ZWC. 🎧🧑‍⚖️🏒

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Criminal law, prior discreditable conduct, bad character evidence, narrative vs propensity, Ontario Court of Appeal, R v MRS, R v ZWC, motive to fabricate, animus, sexual assault trials, domestic cases, defence strategy, motions for particulars, credibility, Canadian law

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