R. v. E.C.

Decided: 2026-09-24. Docket: COA-CR-0722. Citation: 2026 ONCA 669 (CanLII). Criminal and statutory offences — Appeals — Jury charge — Sexual assault and assault convictions — Appellate review of jury instructions read as a whole, R. v. Abdullahi — Whether jury was properly equipped to decide according to law and evidence — Misdirection on fabrication instruction in relation to complainant — Appeal allowed and new trial ordered | Evidence — Jury instructions — Fabrication — Whether fabrication instruction may be given about complainant’s evidence — “Independent evidence” requirement applies to accused’s fabricated statement, R. v. U.K., R. v. Coutts — Risk of confusing burden of proof and reasonable doubt — Instruction could have impacted verdict — New trial ordered | Evidence — Jury instru