The Crown appealed a decision of the Nova Scotia Court of Appeal which had dismissed the Crown's appeal against an acquittal entered by a judge of the Nova Scotia Provincial Court.
The case concerned charges of sexual exploitation of a person under 18 years of age contrary to s. 153(1)(a) of the Criminal Code.
The Court was divided: three justices would allow the appeal for the reasons of Justice Derrick of the Nova Scotia Court of Appeal, while two justices would dismiss the appeal for the reasons of Chief Justice Wood of that court.
By majority, the appeal was allowed and a new trial ordered on the two relevant counts in the information.
