Christien Levien

The defendant, a 31-year-old Indigenous male, was convicted of two counts of sexual interference against his two step-sisters.

The court applied the principles from Friesen regarding the gravity of sexual offences against children, while also considering the Gladue factors related to the defendant's Indigenous background and intergenerational trauma.

The court sentenced the defendant to a global term of 7 years in custody (1.5 years for one victim, 5.5 years for the other), along with ancillary orders including a DNA order, weapons prohibition, SOIRA order, and a section 161 prohibition order.

The defendants brought a motion for summary judgment to dismiss the plaintiff's personal injury claim arising from a motor vehicle-pedestrian collision.

The defendants argued the driver had no opportunity to avoid the collision, relying on evidence of the plaintiff's erratic behaviour and sudden entry onto the roadway.

The court dismissed the motion, finding that a genuine issue for trial existed because the driver's failure to see the plaintiff until immediately before impact raised credibility issues regarding proper lookout.

The court declined to use its enhanced fact-finding powers, noting the matter was set for a jury trial where credibility assessments are best made.