J.A. McGill

C.B. was convicted of six charges, including sexual assault and sexual interference, involving a minor.

The court imposed a global sentence of six years incarceration for the sexual interference charges, conditionally staying the sexual assault charges based on the Kienapple principle.

The decision emphasized the profound wrongfulness of child sexual victimization, aligning with the Supreme Court of Canada's guidance in R. v. Friesen, and highlighted grooming behavior as an aggravating factor.

Ancillary orders for DNA, SOIRA registration, and a weapons prohibition were also made.

The accused, a volunteer firefighter, was charged with arson and conspiracy to commit arson after an acquaintance set fire to an abandoned home.

The Crown alleged the accused planned the fire with the acquaintance via social media and phone calls.

Applying the W.(D.) framework for credibility, the court found the accused's version of events raised a reasonable doubt, particularly because he took a call from the acquaintance on speakerphone in the presence of his girlfriend.

The accused was acquitted of all charges.

The accused brought an application under s. 24(1) of the Canadian Charter of Rights and Freedoms seeking a stay of proceedings for alleged breach of the right to be tried within a reasonable time under s. 11(b).

Approximately 37.5 months had elapsed between the laying of charges and the anticipated completion of trial.

The court analyzed the delay under the Morin framework, attributing portions of delay to neutral causes, defence actions, judicial delay, and Crown delay related primarily to late disclosure following a search warrant and related applications.

Although about 8.5 months of delay was attributed to the Crown and the accused had experienced some prejudice due to pre‑trial detention, the court found the prejudice limited and outweighed by the societal interest in resolving serious sexual assault charges on the merits.

The application for a stay was therefore dismissed.