Some judges have rejected Charter challenges, ruling C-51 is in line with Supreme Court of Canada jurisprudence. Clarity won’t come until the Ontario Court of Appeal weighs in. Rothery, the Saskatchewan superior court judge, noted in her ruling that sex assault trials are very often a “he said, she said” situation, meaning cross-examination is of utmost importance to the defendant. Since then, other Ontario judges have been more skeptical. A month after that, Ontario judge William Horkins — the judge who presided over the Ghomeshi trial — issued a ruling agreeing with Breen.

Source: National Post December 20, 2019 12:56 UTC