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TIMING OF DISCLOSURE-CAN A NEGATIVE INFERENCE BE DRAWN?

R. v. S.G., 2022 ONCA 727, October 24, 2022, at paragraph 43:       

Because there will be a retrial, I want to be clear that I express no view on the merits of the defence theory of a motive to fabricate based on seeking advantage in the Indian proceedings. Complainants may delay reporting for a variety of reasons. A delay in disclosure, standing alone, does not give rise to an adverse inference against the credibility of a complainant. For this reason, in assessing the credibility of a complainant, the timing of disclosure of an allegation or allegations is simply one circumstance to consider in the context of all of the evidence: R. v. D.D., 2000 SCC 43, [2000] 2 S.C.R. 275, at para. 65. However, D.D. does not stand for the proposition that timing of disclosure is irrelevant to credibility. Rather, any issues of timing of disclosure must be assessed in the context of the trial evidence as a whole.