The Crown sought leave to appeal an acquittal of a teacher charged with failing to report a suspicion of sexual abuse under the Child and Family Services Act.
The respondent, a teacher, learned of suspected abuse while acting as a volunteer director for a community basketball program, not during his professional teaching duties.
The Court of Appeal dismissed the application for leave, finding that the trial judge's conclusion that the information was not received in the course of professional duties was a question of mixed fact and law, and the Crown failed to show it was essential in the public interest to grant leave.
