3 total
Historical sexual assault convictions entered after similar fact application was denied.
Following a judge-alone criminal trial involving a continuing publication ban, the court considered historical allegations that the accused sexually assaulted the complainant over several years while in a position of trust as a stepfather.
The court refused the Crown's application to admit count-to-count similar fact evidence, finding the alleged similarities were not sufficiently distinctive and formed part of the charged conduct itself.
Applying the W.(D.) framework, the court found the complainant and supporting witnesses credible and reliable, rejected the accused's denial evidence, and held that the Crown proved the remaining sexual assault and sexual interference counts beyond a reasonable doubt.
Guilty verdicts were entered on nine counts.
Les déclarations faites à un enquêteur interne ont été jugées inadmissibles car il était une personne en situation d'autorité et le caractère volontaire n'a pas été prouvé.
The accused was charged with theft over $5,000 from a Canadian Tire store between April 1 and August 31, 2015.
A voir-dire was held to determine the voluntariness of statements made to an internal investigator for Canadian Tire.
The court found that the investigator was a person in authority and that the Crown failed to establish that the statements were free and voluntary.
The statements were ruled inadmissible due to inadequate warnings regarding the right to counsel and caution, insufficient record-keeping of the oral statement, and evidence suggesting inducements were offered.
Transcript of proceeding subject to a publication ban.
This document is a transcript of proceeding title page for a criminal matter before Justice P.F. Lalonde.
The proceeding is subject to a publication ban under section 486 of the Criminal Code.
