EP#202 | The 7-Day Rule That Makes No Sense in Real Courtrooms

EP#202 | The 7-Day Rule That Makes No Sense in Real Courtrooms

From Not On Record Podcast by Possibly Correct Media

March 3, 2026 · 40 min

About this episode

The episode discusses the implications of the Supreme Court of Canada's decision in R. v. Kinamore on Crown-led sexual history evidence and trial processes.

EP#202 | The 7-Day Rule That Makes No Sense in Real Courtrooms Sponsored by EasyDNS https://easydns.com/NotOnRecord A year after the Supreme Court of Canada’s June 13, 2025 decision in **R. v. Kinamore (2025 SCC 19)**, the Not on Record crew checks the scoreboard: did Crown attorneys actually start bringing **voir dire** applications before leading **Crown-led sexual history evidence**, including **sexual inactivity**, **virginity**, and “lack of sexual interest” messaging? The Court said the screening process should *mirror* the **s. 276 Criminal Code** regime the defence is already forced to navigate, aiming for basic **parity** and fair notice so an accused can know the case to meet. In practice, the lawyers describe a system where the defence files applications months in advance, while the Crown often arrives late (or not at all), leaving defence counsel to “pre-bake” the Crown’s Kinamore issues into their own materials just to keep trials from derailing. They also get into the messy realities this decision was trying to fix: disclosure that contains sexual history references, whether a complainant can “waive” the process (spoiler: the Court says the application still has to…

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Books & works: s. 276 Criminal Code

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