An information or indictment will typically allege that an offence was committed “on or about” a particular date or range of dates. Within that time period, the Crown is generally not required to establish the exact timing of the offence, except where it is an essential element of the offence or crucial to the defence.
Where the accused raises an alibi for the time period alleged by the Crown, the date or time of the offence becomes crucial to the defence, and it would be unfair for the Crown to undermine that alibi by shifting to a different time frame.
Whether the Crown has shifted the alleged time frame in a manner that undermines trial fairness must be assessed holistically and contextually, rather than by focussing narrowly on when a witness said they think the offence may have taken place. This is especially important in sexual assault cases, where it is not uncommon for complainants to be uncertain or honestly mistaken about the specific date or time the alleged offence took place.
Citation: R. v. G.G., 2026 SCC 12
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