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In an effort to better protect complainants in sexual assault cases, Canadian lawmakers have introduced a host of legislative reforms aimed at strengthening privacy rights and safeguarding against harmful stereotypes. But what happens when those well-meaning laws create a complex justice system that becomes unfeasible?
That concern is exactly what surfaced in R. v. Larter, 2025 SKPC 11 a Saskatchewan case that’s stirred a lot of discussion in legal circles. In his decision, the trial judge didn’t just focus on the facts, he took the opportunity to call out how overly complicated sexual assault trials in Canada have become, pointing to the maze of procedural rules that both Crown and defence now have to work through.
The judge specifically pointed to the procedural rigidity introduced by legislation like Bill C-51 and Bill C-75. While these laws aim to protect complainants, particularly regarding sexual history and private records, they’ve also led to pretrial hearings, complex disclosure requirements, and stricter evidentiary rules. The result? Greater uncertainty, longer delays, and an increasingly tangled trial process.
In R. v. Larter, the judge highlighted just how difficult it’s become to navigate what evidence requires special applications and judicial approval. For example, is a flirtatious text message treated the same as sensitive medical records? Does the defence need to file a formal application just to introduce digital messages that reference sexual activity? These are critical questions and under the current legal framework, there are still no clear answers.
Perhaps most concerning is how this uncertainty threatens the accused’s ability to defend themselves. Criminal Defence Lawyers must navigate a procedural minefield where even minor missteps can lead to crucial evidence being excluded. This raises serious concerns about whether the system is still delivering justice, or tipping the scales too far in one direction.
The judge in R. v. Larter also pointed out a broader cultural problem: a growing reluctance to critique these laws for fear of being seen as unsupportive of victims. But a healthy justice system depends on balance, on laws that protect complainants and ensure fairness for the accused.
The takeaway? Legal reforms must not come at the cost of clarity, efficiency, and fundamental rights. It’s possible to support survivors without making the criminal trial process so opaque that even seasoned judges and lawyers struggle to apply it.
At Neuberger & Partners, we’ve seen firsthand how these complexities can threaten justice. We know how to navigate these evolving laws and push back when procedural overreach puts our clients at risk.
If you’re facing sexual assault charges, don’t try to navigate this system alone. Contact Neuberger & Partners for experienced, strategic criminal defence. Call 416-364-3111 to schedule a consultation.
