The accused was charged with threatening to kill his former partner during a dispute over access to their child.
The complainant alleged the accused threatened her life after she opposed his request for unsupervised access.
The court found the complainant lacked credibility, noting she had previously sworn a false affidavit recanting prior domestic violence allegations, hired a private investigator to monitor the accused's access visits, and only reported the alleged threat after receiving an unfavorable custody recommendation.
Applying the W.(D.) framework, the court accepted the accused's evidence and found the Crown failed to prove the charge beyond a reasonable doubt.
The accused was acquitted.
