R v Seaboyer

R v Seaboyer, [1991] 2 S.C.R. 577 is a leading Supreme Court of Canada decision where the Court upheld—with alterations—a rape-shield provision of the Criminal Code as it violated the right to "full answer and defence" under sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms. The case was decided with R v Gayme.

R v Seaboyer
Supreme Court of Canada
Hearing: March 26, 27, 1991 Judgment: August 22, 1991
Citations	[1991] 2 S.C.R. 577
Docket No.	20666
Court membership
Chief Justice: Antonio Lamer Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, William Stevenson, Frank Iacobucci
Reasons given
Majority	McLachlin J., joined by Lamer C.J. and La Forest, Sopinka, Cory, Stevenson and Iacobucci JJ.
Concur/dissent	L'Heureux‑Dubé J., joined by Gonthier J.

Justice McLachlin, for the court majority, found that section 276 of the Criminal Code (formerly s. 246.6) was unjustifiably inconsistent with both s. 7 and s. 11 of the Charter, while s. 277 (formerly s. 246.7) was not inconsistent. Those charged with sexual assault offences from cross-examining the complainant about their history of sexual activity, could, in some instances, exclude evidence needed to mount a full defence.

Justice L'Heureux-Dubé, in partial dissent, would have found that neither section of the Criminal Code was inconsistent with the Charter, and if they had been inconsistent, that they would have been justifiably so.

See also

• List of Supreme Court of Canada cases (Lamer Court)
• R v O'Connor
• R v Mills (1999)

External links

• Full text of Supreme Court of Canada decision at LexUM and CanLII