CANADA · S.C.C.Court order
SCC: rape-shield limits do not categorically bar sex-work history in trafficking and sexual-services trials
The Supreme Court of Canada unanimously held on October 16, 2026, in R. v. A.M., that Criminal Code section 276 does not categorically apply to human-trafficking and sexual-services offenses, so commercial evidence of a complainant's prior sex work may be admissible. The Court dismissed the Crown appeal and upheld new trials on the sexual-services counts, Canadian Lawyer reported.
Order (Canadian Lawyer) → · Supreme Court of Canada
Key points
- Justice Moreau wrote for a unanimous Court dismissing the Crown's appeal from the Ontario Court of Appeal.Canadian LawyerSupreme Court of Canada
- Section 276 does not categorically cover sexual-services and human-trafficking offenses among its listed crimes.Canadian LawyerSupreme Court of Canada
- The accused sought to cross-examine on commercial, advertising and working arrangements, not sexual details.Supreme Court of Canada
- The Court declined to extend the R. v. Barton framework to add those offenses, saying that would run against Parliament's intent.Canadian Lawyer
- The Protecting Victims Act later broadened section 276; the October 16 ruling addresses the prior text, which governs earlier charges.Canadian Lawyer
Sources2 articles across 2 outlets
Canadian Lawyer
Supreme Court of Canada