EP#201 | CCTV Exposes Sexual Assault Allegation
In Episode 201 of Not On Record, we break down a rare and powerful decision in an Ontario university assault case that resulted in a factually innocent ruling after a judge made explicit credibility findings trial-wide and used the word fabrication in her reasons. This false allegation case Ontario unfolded against the backdrop of a police investigation failure, where officers relied almost entirely on the complainant’s account and failed to secure critical CCTV evidence criminal trial footage that the defence ultimately obtained. We examine how the elimination of the preliminary inquiry eliminated Canada in sexual assault matters affected disclosure, how the pretrial motion sexual history regime required the defence to reveal its strategy in advance, and how that led to findings of tailored testimony sexual assault and collusion witness testimony between the complainant and a key witness. This criminal defence lawyer analysis explores the judge’s strong criticism of investigative shortcomings, the impact of disclosure imbalance, and what this fabrication finding judge means for sexual assault case law Canada. The episode also raises broader concerns about criminal justice fairness Canada, credibility assessments, and the structural pressures within modern sexual assault prosecutions in Ontario.
