2 total
Crown appeal dismissed; deference owed to trial judge’s reliability findings.
The Crown appealed an acquittal on a sexual assault charge involving a young person respondent and a child complainant, arguing that the trial judge approached the child’s evidence too critically, relied on conjecture about timing, and invoked stereotypes concerning disclosure.
The appeal court held that the trial judge correctly instructed herself on the law governing child witnesses, credibility, reliability, and the burden of proof, and was entitled to treat material inconsistencies as bearing on reliability.
The court also held that the trial judge's concerns about timing were grounded in the evidence and were not the decisive basis for the acquittal.
The appeal was dismissed.
Overbroad bail conditions restricting motorcycle associations struck as violating reasonable bail rights.
The accused applied under the Criminal Code for a review of bail conditions imposed after being charged with perjury arising from testimony given as a Crown witness in another criminal trial.
The impugned terms prohibited communication with motorcycle outlaw members and attendance at a specified address used as a motorcycle club clubhouse.
Applying a functional approach to bail review, the court held that the accused’s right to reasonable bail continues and the correctness standard permits reconsideration even absent changed circumstances.
The court found the impugned conditions overly broad and unsupported by evidence linking them to the integrity of the accused’s trial.
The conditions were therefore removed as inconsistent with the accused’s constitutional right to reasonable bail.
