Daniel Thorpe

The applicant, an Indigenous man charged with serious firearms and drug trafficking offences, sought a bail review on the sole ground that the Justice of the Peace failed to give due weight to Gladue considerations under s. 493.2 of the Criminal Code.

The Superior Court of Justice reviewed the application of Gladue principles at the bail stage, noting that while judicial notice must be taken of systemic factors, the accused should provide case-specific information bearing on release.

The court found the Justice of the Peace had properly considered the applicant's unique circumstances and dismissed the application for lack of jurisdiction to review.

The accused was charged with sexual assault following an incident in a hot tub at a cottage.

The Crown alleged that the complainant did not consent to the sexual activity, while the accused testified that the complainant affirmatively consented to both vaginal and attempted anal intercourse.

The court applied the W.(D.) framework to assess credibility and found the accused's evidence to be straightforward and believable, raising a reasonable doubt.

Conversely, the court found material inconsistencies in the complainant's evidence and conflicts with other witnesses' testimonies.

The accused was found not guilty.