2 total
Convictions entered on one complainant’s evidence; other counts failed on reasonable doubt.
Criminal trial involving allegations of sexual assault and sexual interference against two child complainants.
The court carefully distinguished between credibility and reliability, treating peripheral inconsistencies with caution but finding that a major inconsistency in one complainant’s account raised a reasonable doubt on the counts relating to her.
The other complainant’s evidence of repeated vaginal touching over several years by a parent was accepted as credible and reliable despite inconsistencies about dates, locations, and some details, given her age and the repetitive nature of the abuse.
Convictions were entered on the counts relating to repeated vaginal touching, while the remaining counts were dismissed.
Crown's ex parte request to appoint complainant counsel denied; formal application on notice required.
The Crown requested an ex parte order appointing counsel for the complainant in respect of upcoming pretrial applications under s. 278.92 of the Criminal Code.
The trial judge declined to make the order ex parte, expressing discomfort with making an order impacting the accused's trial without notice.
The Crown was directed to bring a formal application on notice to the accused, the complainant, the Ministry of the Attorney General, and Legal Aid Ontario, and to be prepared to address whether the court has jurisdiction to make such an appointment.
