The appellant appealed his convictions for sexual exploitation and related offences involving two high school students.
The central issue was whether the appellant was in a 'position of trust' under s. 153(1) of the Criminal Code when the sexual touching occurred.
The Court of Appeal allowed the conviction appeal, finding that the trial judge erred in law by misapplying the factors for determining a position of trust and focusing on the complainants' subjective impressions rather than the appellant's assumed role.
A new trial was ordered for the sexual exploitation counts, while the sentence appeal for possession of child sexual abuse material was dismissed.
