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OTTAWA — A Saskatchewan judge has found the Liberal government’s sexual assault trial reforms are unconstitutional because they force defence lawyers to disclose too much of their evidence to the complainant ahead of time, potentially allowing the complainant to modify their testimony in response.

The provincial court decision addresses reforms contained in Bill C-51, which took effect last December. The new legislation gives complainants in sex assault trials the automatic right to make submissions in certain evidence admissibility hearings (at issue in this case were records held by the defendant that were unrelated to prior sexual activity, but in which the complainant had a privacy interest). Because complainants are now a party to these hearings, they are also entitled to disclosure from the defendant.

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“In my opinion, the Crown arguments do not address adequately the effect of disclosure to the complainant that may allow the complainant to prepare for trial ready to explain and minimize inconsistencies, omissions, additions or other modifications in giving their evidence,” Judge Bruce Henning wrote in his decision, which came down on Aug. 1 and is not yet posted online.