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Acquittal restored because no fatal error of law tainted the trial judgment.
The accused was acquitted at trial on a charge of indecent assault allegedly committed in 1975.
The provincial appellate court set aside the acquittal and ordered a new trial.
The Court held that the trial judge had acquitted on the basis of reasonable doubt and had made no fatal error of law by not relying on collateral evidence said to bolster the complainant's credibility.
The appeal was allowed, the new-trial order was set aside, and the acquittal was restored.
Teachers are inherently in a position of trust and authority towards their students under s. 153(1).
The accused, a 22-year-old teacher, was charged with sexual exploitation under s. 153(1) of the Criminal Code after engaging in sexual activity with a 14-year-old student during the summer holidays.
The trial judge acquitted the accused, finding he was not in a position of trust or authority and had not exploited his position, which the Court of Appeal affirmed.
The Supreme Court of Canada allowed the Crown's appeal and entered a conviction, holding that actual exploitation is not a constituent element of the offence.
The Court further held that teachers are inherently in a position of trust and authority towards their students, and absent evidence raising a reasonable doubt, the accused occupied such a position.
