Skip to content
LEAF logo
LEAF logo
DONATE
MENU
LEAF logo

Contact

DONATE
Informations en français
  • English
  • Français
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Accountability Project
      • Avenues to Justice
      • Strengthening Community Capacity
      • Technology-Facilitated Violence
      • Valuing the Care Economy
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Calgary
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kitchener-Waterloo
    • LEAF London
    • LEAF Newfoundland & Labrador
    • LEAF Ottawa
    • LEAF Saskatchewan
    • LEAF Sudbury
    • LEAF Toronto
    • LEAF Windsor
    • LEAF Winnipeg
  • Get Involved
    • Ways to Get Involved
    • Donate to LEAF
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Accountability Project
      • Avenues to Justice
      • Strengthening Community Capacity
      • Technology-Facilitated Violence
      • Valuing the Care Economy
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Calgary
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kitchener-Waterloo
    • LEAF London
    • LEAF Newfoundland & Labrador
    • LEAF Ottawa
    • LEAF Saskatchewan
    • LEAF Sudbury
    • LEAF Toronto
    • LEAF Windsor
    • LEAF Winnipeg
  • Get Involved
    • Ways to Get Involved
    • Donate to LEAF
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Home / Cases and Law Reform / Search Cases & Submissions

Case Summary

R. v. Shearing (2002)

Content warning: this summary includes mentions of sexual assault in the ‘Facts’ section.

This case concerned the use of a complainant’s diary in cross-examination during a sexual assault trial. 

LEAF, with the involvement of West Coast LEAF, intervened before the Supreme Court of Canada. 

Facts 

Ivon Shearing was convicted for sexual offences committed against several women and children between 1965 and 1989. Mr. Shearing was the leader of a marginal cult and had used his status as cult leader to engage in sexual contact with young girls and women in the cult. One of the complainants had kept a diary, which she left behind at the commune. The diary, which did not mention sexual abuse, was given to Mr. Shearing.  

At Mr. Shearing’s trial, his defence lawyer tried to use the diary while cross-examining the complainant. The trial judge allowed Mr. Shearing to cross-examine the complainant on entries the defence considered probative, but not on the absence of entries related to sexual abuse. The British Columbia Court of Appeal upheld that decision. Mr. Shearing appealed to the Supreme Court of Canada. 

Arguments 

LEAF argued that Mr. Shearing should have been required to return the diary to the complainant. If he wanted to obtain access to the diary, he should have then applied under the personal records sections under the Criminal Code. Cross-examining a complainant based on a lack of diary entries on alleged sexual abuse had no probative value, was not necessary to make full answer and defence, and was based on discriminatory myths and stereotypes.   

LEAF also argued that any allegations of collusion between complainants needed to be held to high evidentiary standards, avoiding the use of myths and stereotypes.  

Outcome 

A majority of the Supreme Court of Canada held that Mr. Shearing should have been allowed to cross-examine the complainant on the absence of entries in her diary. As a result, the majority ordered a new trial for the offences related to the complainant.  

LEAF is grateful to Sheilah Martin and Ritu Khullar, counsel in this case.  

LEAF’s interventions are all guided, informed and supported by a case committee composed of academics and practitioners with expertise in the relevant issues. The case committee members for this intervention were Sondra Gibbons, Diana Majury, Margaret Denike, Jennifer Koshan, Dianne Martin, Veronica Jackson, Theresa Louise Stowe, Gail Marion Dickson, and Elizabeth Thomas. LEAF gratefully acknowledges their contributions to the arguments in this factum. 

Download the factum here.

Read the Supreme Court of Canada’s decision here. 

Our records are imperfect, but we are doing our best to update them – if you were involved with LEAF on this case but your name is not reflected here, please email us at info@leaf.ca.

Case Documents

June 11, 2001
Supreme Court of Canada Factum

Case News

Loading...
Help us promote gender equality
Donate to support equality

Search Cases & Submissions

  • Issue Area

  • Type

  • Submission Type

  • By Date

  • Keyword

  • Reset search
Help us promote gender equality
Donate to support equality

Stay up to date on feminist law and LEAF’s work to advance gender equality



Related Project

Loading...
Rear back view of a mother and daughter embrace sitting on bed at home, older sister consoling younger teen, girl suffers from unrequited love share secrets trustworthy person relative people concept
Current Work
Avenues to Justice

Related Cases

Loading...

R. v. Tsang

This case is about assessing evidence in sexual assault trials.

R. v. Brown

This case concerned using extreme intoxication as a defence to assault and sexual assault.
More Cases

Related Cases

Loading...

R. v. Tsang

This case is about assessing evidence in sexual assault trials.

R. v. Brown

This case concerned using extreme intoxication as a defence to assault and sexual assault.
More Cases

Related Issue Area

Loading...

Sexual Assault and Consent Law

Case Summary

R. v. Shearing (2002)

Sidebar Placeholder

LEAF_FAEJ_hz_names_colour_rgb_rev

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
info@leaf.ca
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Linkedin

Stay up to date on feminist law and LEAF’s work to advance gender equality



LEAF_FAEJ_hz_names_colour_rgb_rev

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
info@leaf.ca
Phone: 416.595.7170
Fax: 416.595.7191

Charitable Registration Number: 10821 9916 RR0001

Facebook-f Twitter Instagram Linkedin

Stay up to date on feminist law and LEAF’s work to advance gender equality



Donate to support equality

© 2020 Women’s Legal Education & Action Fund (LEAF). All rights reserved. | Legal & Privacy | Accessibility | Website by Affinity Bridge

MENU

  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Accountability Project
      • Avenues to Justice
      • Strengthening Community Capacity
      • Technology-Facilitated Violence
      • Valuing the Care Economy
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Calgary
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kitchener-Waterloo
    • LEAF London
    • LEAF Newfoundland & Labrador
    • LEAF Ottawa
    • LEAF Saskatchewan
    • LEAF Sudbury
    • LEAF Toronto
    • LEAF Windsor
    • LEAF Winnipeg
  • Get Involved
    • Ways to Get Involved
    • Donate to LEAF
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
  • English
  • Français