Anika Roberts

The accused was charged with publishing an intimate image without consent.

At the close of the Crown's case, the defence moved for a directed verdict of acquittal, arguing there was no direct evidence the accused posted the images online and the circumstantial evidence was insufficient.

The court found an inferential gap between the accused's possession of the images and their appearance on the internet, concluding that a properly instructed jury could not reasonably infer guilt.

The motion for a directed verdict of acquittal was granted.

The applicant brought a motion pursuant to section 24(1) of the Charter seeking a stay of proceedings on the basis of a violation of the right to be tried within a reasonable time under section 11(b) of the Charter.

The applicant was charged with operating a motor vehicle with a blood-alcohol level above the legal limit on January 26, 2013.

The information was sworn on February 13, 2013, and the trial began on February 21, 2014, but was adjourned due to witness unavailability.

The trial resumed on November 28, 2014, resulting in a total delay of 653 days.

The court found that the applicant had established a breach of section 11(b) rights and granted the stay of proceedings.

The defendant was charged with sexual assault of a co-worker on October 28, 2010.

The Crown alleged non-consensual sexual contact including kissing, breast contact, and masturbation.

The defendant claimed the complainant consented to all sexual activity.

The central legal issue was whether the defence of honest but mistaken belief in consent was available and, if so, whether the Crown had refuted it beyond a reasonable doubt.

The court found that while the defendant's conduct was troubling and his belief in a relationship was self-delusional, the complainant's physical actions—moving her arms aside and performing masturbation—created an air of reality to the defence.

The court concluded the defendant took reasonable steps to ascertain consent by seeking permission for each sexual act and accepting refusals.

The charge was dismissed.