F-3.1.1 - Public Service Act

Article 116.0.1 Versions de la disposition

2024-12-04

116.0.1. Despite any rule of evidence, where a matter contains allegations of sexual violence or spousal violence, 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 violence;

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 gestures, practices, verbal comments, behaviour or attitudes cease;

4°  the fact that the person did not file a complaint or exercise a recourse regarding the violence;

5°  any fact in connection with the delay in reporting the alleged violence, except to demonstrate the existence or absence of reasonable grounds for extending a time limit or for relieving a person or not from the consequences of failing to act within a time limit; and

6°  the fact that the person maintained relations with the alleged perpetrator of the violence.

Article 209 of the Code of Civil Procedure (chapter C-25.01) applies to any debate relating to the admissibility in evidence of any such fact. Such a debate is to be held in camera, despite section 23 of the Charter of human rights and freedoms (chapter C-12).

2024, c. 37, s. 19.