Jean V. Dawe

The appellant, a store manager, was convicted of sexually assaulting a 16-year-old employee.

He appealed the conviction, arguing that the trial judge's reasons were deficient and failed to explain why his evidence was rejected and the complainant's evidence was accepted.

The Summary Conviction Appeal Court agreed, finding that the trial judge's reasons were largely conclusory, misapprehended important defence evidence, and failed to address significant inconsistencies in the complainant's testimony.

The appeal was allowed and a new trial was ordered.

The appellants sought to adopt a child who was placed in their home by the Director of Child Welfare.

Seven days before the six-month probationary period expired, the Director removed the child based on unfounded allegations of abuse.

The Adoption Appeal Board refused to hear the appellants' appeal, and the lower courts dismissed their habeas corpus application, finding the statute provided a complete code.

The Supreme Court of Canada allowed the appeal, holding that the lack of a statutory appeal created a legislative gap.

The Court exercised its parens patriae jurisdiction to fill this gap and ordered the adoption of the child by the appellants, finding it was in the child's best interests.