R. v. Weatherston

canada, canadian, case law, court opinion, canlii, ykca, 2026ykca5, 2026 ykca 5 (canlii), 2026, ykca, 5, (canlii), 25-yu928, 2026, criminal and statutory offences, sexual assault, appeals, criminal code, s. 271, jury trial, whether trial fairness was restored after breach of a s. 276 ruling, crown’s closing and jury charge assessed, conviction for sexual assault quashed, new trial ordered due to inability to make full answer and defence, appeal allowed, conviction quashed and new trial ordered, evidence, prior sexual activity, s. 276 applications, seaboyer and s. 276 pre, trial rulings, did the judge err in dismissing the s. 276 application as irrelevant?, relevance and probative value under darrach, goldfinch, t.w.w., kinamore, close call on admissibility noted, interaction with crown theory of fear and consent, no determination made, procedure, trial management, mid, trial remedies, crown breach of s. 276 ruling, did the judge’s response preserve trial fairness and full answer and defence?, failure to revisit s. 276 despite material change of circumstances per kinamore, inadequate mid, trial instruction and restricted re, examination, flawed jury charge on impact of infidelity, appeal allowed and new trial ordered, procedure, appeals, curative proviso, criminal code, s. 686(1)(b)(iii), whether errors were harmless or conviction inevitable under hussein and trochym, serious errors not cured and evidence not overwhelming, crown concession on inability to address impact analysis, miscarriage of justice found, curative proviso not applied, new trial ordered