When relationship evidence is admitted in sexual assault trials, precise directions must be given identifying which counts the evidence is relevant to and the specific use to which it can be put. The accumulation of evidence of prior convictions — including calling prosecutors, tendering statements of facts, and adducing evidence of sentences — may fail the admissibility test and the ss 135/137 discretionary exclusion even where some relationship evidence would be admissible. A warning about evidence of distress is required where there are other possible causes of the complainant's distress besides the sexual assault charged. A Murray single-witness warning should be given where the Crown case depends essentially on one witness.
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