Case information
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41952
David Callahan-Tucker v. His Majesty the King
(Nova Scotia) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-03-23 | Close file on Leave | |
| 2026-03-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-03-19 | Judgment on leave sent to the parties | |
| 2026-03-19 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion for an extension of time to serve and file the response is granted. The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 529712, 2025 NSCA 35, dated May 22, 2025, is dismissed. Dismissed |
|
| 2026-03-19 |
Decision on motion to extend time, See judgment on application, Ka Kas Mor Granted |
|
| 2026-03-19 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application Granted |
|
| 2026-02-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-02-02 | Submission of motion to extend time, Ka Kas Mor | |
| 2026-02-02 | Submission of motion to extend time to file and/ or serve the leave application, Ka Kas Mor | |
| 2025-11-04 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-11-10) | David Callahan-Tucker |
| 2025-10-27 |
Applicant's reply to respondent's argument, (Book Form), Missing: -23B (Rec 11-04-2025), Completed on: 2025-11-05, (Printed version filed on 2025-10-30) |
David Callahan-Tucker |
| 2025-10-16 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version due on 2025-10-23) | His Majesty the King |
| 2025-10-16 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version due on 2025-10-23) | His Majesty the King |
| 2025-10-16 | Motion to extend time, (Book Form), Completed on: 2025-10-17, (Printed version due on 2025-10-23) | His Majesty the King |
| 2025-10-16 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-10-17, (Printed version due on 2025-10-23) | His Majesty the King |
| 2025-10-06 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing: - Proof of service, Completed on: 2025-10-17, (Printed version filed on 2025-10-20) |
David Callahan-Tucker |
| 2025-08-22 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED; | |
| 2025-08-22 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2025-08-27) | David Callahan-Tucker |
| 2025-08-22 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2025-08-27) | David Callahan-Tucker |
| 2025-08-22 |
Application for leave to appeal, (Book Form), Missing: -Proof of service; (Rec'd 2025-08-25) -Motion for extension of time (Rec 10-06-2025), Completed on: 2025-10-09, (Printed version filed on 2025-08-27) |
David Callahan-Tucker |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Callahan-Tucker, David | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Callahan-Tucker, David
Counsel
Lee Seshagiri
979 Seminary Avenue, Box 429
Canning, Nova Scotia
B0P 1H0
Telephone: (902) 593-1188
FAX: (902) 702-8738
Email: zeb@zebbrown.ca
Party: His Majesty the King
Counsel
Appeals Branch
1625 Grafton Street, Suite 700
Halifax, Nova Scotia
B3J 0E8
Telephone: (902) 424-8734
FAX: (902) 424-8440
Email: Timothy.OLeary@novascotia.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: lea.desjardins@gowlingwlg.com
Summary
Keywords
Criminal law — Evidence — Admissibility — Complainant’s sexual activity — Whether test adopted to assess whether a complainant’s sexual activity is subject to screening for admissibility is imprecise and overbroad — Whether Court of Appeal incorrectly narrowed admissibility of consensual antecedent sexual activity evidence and incorrectly held evidence of sexual activity after alleged sexual assault is categorically irrelevant — Whether over-exclusion of sexual activity evidence distorts fact-finding process and results in injustice to accused — Criminal Code, R.S.C. 1985, c-46, s. 276(2)
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
PUBLICATION BAN IN CASE
In a trial of Mr. Callahan-Tucker on a count of sexual assault, Mr. Callahan-Tucker sought to lead evidence of sexual activity between him and the complainant shortly before the alleged sexual assault and just after the alleged sexual assault. The evidence was ruled inadmissible. Mr. Callahan-Tucker was convicted of sexual assault. The Court of Appeal dismissed an appeal.
Lower court rulings
Conviction for sexual assault
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available