Prior Sex Work Evidence and Section 276: R. v. A.M., 2026 SCC 33
In R. v. A.M., 2026 SCC 33, a unanimous Supreme Court held that the s. 276 regime does not automatically apply to sexual services or human trafficking prosecutions. The Court clarified the Barton “some connection” test and refused to extend Seaboyer screening as a fallback. It also confirmed that defence counsel may cross-examine on a complainant’s prior sex work for its commercial, not sexual, nature. We cover the facts, the holdings and what defence counsel should do now, including the impact of the Protecting Victims Act.