E. Lainevool

The accused was charged with dangerous operation of a motor vehicle causing death after his truck collided with a snowmobile driven by his cousin on a rural road.

The Crown alleged the accused and the deceased were engaged in a race.

The court found that the accused was driving below the speed limit, had abandoned any thought of a race due to poor traction, and took immediate evasive action when he unexpectedly encountered the deceased stopped in the middle of the road.

The court concluded the Crown failed to prove beyond a reasonable doubt that the accused's driving was objectively dangerous or a marked departure from the standard of a reasonably prudent driver.

The accused was acquitted.

The accused was charged with sexual interference and sexual assault of his young son.

The Crown's case relied primarily on the testimony of the child, who disclosed the alleged abuse to his mother.

The trial judge found the child believable but noted significant reliability concerns, including a lack of detail and a tendency to guess or make up answers.

Although the judge did not believe the accused's denials and suspected he had committed the offences, the reliability issues with the child's evidence left the court with a reasonable doubt.

The charges were dismissed.