Carrie Vanden Broek

The Crown appealed a trial acquittal on a charge of sexual assault, arguing the trial judge erred by failing to properly consider the complainant’s evidence, by finding no sexual assault occurred, and by providing insufficient reasons.

The appeal court examined whether the trial judge correctly applied the credibility framework in R. v. W.(D.) and whether the reasons for acquittal were legally sufficient.

The court held that, read as a whole, the trial judge’s analysis demonstrated reliance on the second branch of the W.(D.) framework and properly rejected the complainant’s evidence as unreliable.

The reasons sufficiently explained the basis for reasonable doubt and did not disclose a reversible error of law.

The acquittal was therefore upheld.

The applicant was charged with Criminal Code and Highway Traffic Act driving offences arising from a three-car collision.

He brought a motion alleging a violation of his section 11(b) Charter right to be tried within a reasonable time.

The total delay from the swearing of the Information to the scheduled trial date was 13¾ months.

The court assessed the delay against the Morin factors and regional guidelines for institutional delay in Peel Region.

The court found that the intake period was reasonable, the institutional delay was within acceptable parameters for a somewhat complex case, and any prejudice to the applicant was minimal.

The application was dismissed and the trial proceeded as scheduled.

The accused was charged with driving with excess blood alcohol contrary to section 253(1)(b) of the Criminal Code.

The trial addressed three issues: whether the accused's section 8 Charter right was breached regarding the screening test administration; whether the accused's section 10(b) Charter right was violated by police monitoring of the accused's call with counsel; and whether the Certificate of Qualified Technician was fatally flawed.

The court found no Charter breaches and upheld the Certificate, finding the accused guilty beyond a reasonable doubt.