C-26 - Professional Code

Section 149.0.1 Disposition versions

2024-12-04

149.0.1. Where the complaint concerns a derogatory act referred to in section 59.1 or an act of a similar nature set out in the code of ethics of the members of the professional order, the following facts are presumed to be irrelevant:

(1)  any fact relating to the reputation of the person who is the alleged victim of the derogatory act;

(2)  any fact related to the sexual behaviour of that person, other than a fact pertaining to the proceeding, and that is invoked to attack the person’s credibility;

(3)  the fact that the person did not ask that the behaviour cease;

(4)  the fact that the person did not file a complaint or exercise a recourse regarding the derogatory act;

(5)  any fact in connection with the delay in reporting the alleged derogatory act; and

(6)  the fact that the person maintained relations with the alleged perpetrator of the derogatory act.

Any debate relating to the admissibility in evidence of any such fact is an issue of law and is to be held in camera, despite section 23 of the Charter of human rights and freedoms (chapter C-12).

2024, c. 37, s. 16.