A section 276 application is a pre-trial motion in a sexual assault case where the defence seeks to introduce evidence of the complainant's prior sexual activity. Section 276 of the Criminal Code — sometimes called the "rape shield" provision — prohibits the defence from introducing this evidence to support the inference that the complainant was more likely to have consented or is less worthy of belief.
However, section 276 does not create an absolute bar. The defence can bring an application to admit evidence of specific instances of sexual activity if the evidence is relevant to an issue at trial, has significant probative value that is not substantially outweighed by the danger of prejudice, and is in the interests of justice. Common examples include evidence of sexual activity between the accused and the complainant around the time of the alleged offence, or evidence that explains a physical condition or the source of bodily substances.
Section 276 applications are heard in the absence of the jury and the public. The defence must provide written notice and detailed particulars of the evidence it seeks to admit. These applications require careful legal argument and a thorough understanding of the case law. The result of the application can significantly affect the conduct of the trial and the accused's ability to mount a full defence.