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Teacher convicted of sexual exploitation but acquitted on under-16 counts.
The accused, a former teacher of the complainant, was tried on charges of sexual assault, sexual interference, invitation to sexual touching, and sexual exploitation arising from a sexual relationship that developed after the complainant left his class and later worked under his supervision at a drama camp.
The court accepted that a consensual sexual relationship involving intercourse existed by March 2011, but found the complainant's evidence on timing left a reasonable doubt whether the relationship began before she turned 16.
The accused was therefore acquitted on the under-16 counts.
The court nevertheless found that the relationship flowed directly from the earlier teacher-student bond and subsequent supervisory employment relationship, and that the accused remained in a position of trust or authority toward the complainant when she was 16 to 17.
A finding of guilt was entered on the sexual exploitation count under s. 153.
The court has implicit jurisdiction under the Youth Criminal Justice Act to terminate a conditional supervision order early to promote rehabilitation.
The applicants sought termination of their conditional supervision orders approximately two years before their scheduled expiry date.
They had been sentenced to the maximum youth sentence of 10 years (6 years custody and 4 years conditional supervision) for first degree murder in 2006.
The court addressed the threshold issue of jurisdiction to terminate conditional supervision orders under the Youth Criminal Justice Act, finding that such jurisdiction exists either by implication from the statutory language or through the court's inherent authority.
On the merits, the court balanced the principles of accountability and rehabilitation, ultimately granting the application and terminating the conditional supervision orders on December 15, 2014, exactly nine years from the finding of guilt.
