Mr. Speaker, there are a number of good components of this bill relating to changes in the sexual assault laws, including codifying the Ewanchuk decision to make it absolutely clear that the defence of mistaken belief based upon a mistake of law cannot be put forward. The bill is also positive in that it codifies the J.A. decision to make it clear that under no circumstances can a complainant be found to have given her consent when in an unconscious state. These and other changes are positive aspects of the bill.
That said, I do have serious concerns about the defence disclosure requirements. These are very real concerns. They are substantive concerns. They raise charter issues. They go to the heart of trial fairness.
At the end of the day, it is fundamental that complainants be protected in our system. However, it is also fundamental to our justice system that accused persons have the right to make a full answer in defence. That is fundamental to getting to the heart of the proof in a particular case, and to guard against wrongful convictions.