The accused faced 12 counts of historical sexual misconduct involving three complainants.
The court analyzed whether the accused were in a position of trust or authority towards the complainants under s. 153 of the Criminal Code.
The court found that the accused were not in a position of trust towards two of the complainants, resulting in the dismissal of several counts.
For the primary complainant, the court found a position of trust existed until she turned 16, but did not continue thereafter, leading to the dismissal of charges against the co-accused.
However, applying the W(D) framework, the court accepted the primary complainant's evidence regarding the principal accused and found him guilty of four counts of sexual misconduct.
