Law360 Canada ( April 22, 2025, 1:59 PM EDT) -- Appeal by BJ from conviction for three counts of sexual assault against his former partner. At trial, BJ advanced a defence of honest but mistaken belief in communicated consent, alleging he and the complainant agreed on a “no-means-yes” language and engaged in mock rape play. BJ sought to admit a 53-second video recording (Exhibit 5) under s. 276 of the Criminal Code (Code), which showed the complainant making comments about consenting to sexual activity when she said no. He submitted on appeal that the trial judge erred in refusing to admit Exhibit 5 into evidence. He further alleged that the judge erred in failing to revisit her s. 276 of the Code ruling on her own motion once the complainant’s evidence had crystallized....