D. Portolese

The accused was tried on charges of sexual assault, sexual interference, and invitation to sexual touching arising from historic allegations by his granddaughter concerning repeated abuse during childhood visits to her grandparents' home.

The court reviewed the complainant's adopted video statement, the accused's denial evidence, and corroborative and contradictory evidence from family members.

Applying the criminal standard of proof and the W.(D.) framework, the court found the complainant generally impressive but identified reliability concerns in certain aspects of her account and held that the totality of the evidence left a reasonable doubt.

The accused was acquitted on all counts.

The accused was a passenger in a vehicle stopped by police.

The officer questioned the accused, who provided a false name and date of birth, and subsequently attempted to leave the scene before being arrested at gunpoint.

The court found that the accused was arbitrarily detained and subjected to unreasonable search and seizure, and that his rights to counsel and to be informed of the reasons for his arrest were violated.

Applying the Grant framework, the court excluded the evidence of the false name and the accused's recognizance status under section 24(2) of the Charter, resulting in acquittals on charges of obstructing a peace officer and breaching a recognizance.

The accused was charged with impaired driving, driving over 80, and failing to comply with a recognizance.

The fail to comply charge was dismissed on a directed verdict.

The court found that police breached the accused's s. 10(b) Charter rights by failing to clarify his right to counsel when he showed obvious confusion, and by failing to facilitate contact with counsel of his choice.

Consequently, the breath test results were excluded under s. 24(2) and the over 80 charge was dismissed.

However, based on the officers' observations of the accused at the scene, including being slumped over the wheel, unsteadiness, and a strong odour of alcohol, the court found the accused guilty of impaired driving.