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Court grants limited Garofoli cross-examination while rejecting speculative or privilege-threatening inquiries.
The accused brought a Garofoli application alleging a s. 8 Charter breach and seeking to exclude evidence obtained through a search warrant.
As a preliminary step, they sought leave to cross-examine the affiant and several sub-affiant police officers regarding the Information to Obtain supporting the warrant.
The court reviewed the governing test from Garofoli and Pires and emphasized that cross-examination is permitted only where it is reasonably likely to assist in determining whether the issuing justice had sufficient grounds.
Most proposed areas of questioning were rejected as speculative, irrelevant, or risking disclosure of confidential informant identities.
Limited cross-examination was permitted on specific issues relating to informant independence, the meaning of “successful result” in relation to informant compensation, certain TPS disclosure materials, and errors in the ITO.
Spiritual healer convicted of sexual assault and sexual exploitation.
Following a judge-alone criminal trial subject to a publication ban, the court convicted the accused of sexual assault and sexual exploitation involving a young complainant taken to him by her mother for spiritual healing.
The court applied the W. (D.) framework, rejected the accused's evidence as not credible or reliable, and accepted the complainant's detailed account of escalating sexual conduct occurring in the context of ritual baths and spiritual manipulation.
The court held that the sexual touching was proven, that the complainant did not subjectively consent, and that no honest but mistaken belief in consent was available.
The court further found that the accused occupied a position of trust or authority by virtue of the complainant's and her mother's belief in his spiritual powers, the age disparity, the paid healing relationship, and the grooming dynamic.
