David Wright

The accused, facing multiple firearm and drug charges, brought an application to sit at counsel table rather than in the prisoner's dock during his trial, arguing the dock would negatively impact the presumption of innocence and impede interaction with counsel.

The Crown opposed the application.

The court dismissed the application, holding that the customary position of the accused is in the dock and that juries are adequately instructed on the presumption of innocence to prevent any prejudice.

The offender, an anesthesiologist, was convicted of multiple counts of sexual assault against female patients during surgical procedures while the victims were sedated and unable to resist.

The court emphasized the extreme breach of trust inherent in abusing a position of medical authority over vulnerable patients in an operating room.

Aggravating factors included the number of victims, the sexual nature of the assaults, the deliberate exploitation of sedation, and the profound psychological harm to victims.

While the offender had no prior criminal record and strong community support, the court held that denunciation and general deterrence were paramount.

Applying the totality principle to multiple counts, the court imposed a global custodial sentence.

The accused, an anesthesiologist, was charged with 21 counts of sexual assault against female patients under his care during surgeries.

The Crown alleged that the accused used the cover of surgical draping and the patients' state of conscious sedation to commit the assaults undetected.

The defence argued that the assaults were physically impossible, could not have occurred without detection, and that the patients' memories were unreliable due to drug-induced hallucinations.

The court rejected the defence arguments, finding that the accused had the opportunity to commit the offences and that the drugs administered do not cause sexual hallucinations.

Relying on the objective improbability of coincidence as similar fact evidence, the court found the accused guilty on all 21 counts.

The accused, an anesthesiologist, was charged with 21 counts of sexual assault against female patients.

The assaults allegedly occurred while the patients were under conscious sedation during various surgeries.

The defence argued that the accused lacked the opportunity to commit the offences undetected and that the anesthetic drugs caused sexual hallucinations, rendering the complainants' memories unreliable.

The court rejected these arguments, finding that the operating room draping provided sufficient concealment and that the drugs administered do not cause hallucinations of sexual assault.

Relying on the objective improbability of coincidence as similar fact evidence, the court found the accused guilty on all 21 counts.

The accused was charged with robbery as an aider and abettor.

The Crown's case relied on video surveillance, an oral utterance made upon arrest, and a fingerprint found on a duct tape wrapper in the getaway car.

Following a voir dire, the court excluded the oral utterance under s. 24(2) of the Charter, finding that police breached the accused's s. 10(b) rights by showing him a surveillance photo to elicit a response before advising him of his right to counsel for the robbery charge.

On the trial merits, the court found that the remaining circumstantial evidence—a general resemblance in the video and the fingerprint—raised a strong suspicion but failed to prove identity beyond a reasonable doubt.

The accused was found not guilty.