Jennifer Strasberg

The appellant was convicted of communicating with a person under the age of 18 to facilitate an offence of obtaining sexual services for consideration, communication with a person under the age of 18 to facilitate the offence of invitation to sexual touching, and breach of recognizance.

The appellant appealed only the communication convictions, arguing that he had mistakenly texted an undercover officer posing as a 15-year-old escort, believing he had already broken off contact with her and was contacting a different escort.

The trial judge rejected this evidence as not credible based on the timing of messages and the pattern of the appellant's communications.

The Court of Appeal upheld the convictions, finding the trial judge's credibility findings were open to him on the evidence and that the charges were proven beyond a reasonable doubt.

The Crown applied to disqualify a lawyer, Mr. Goldstein, from assisting in the defence of Ms. Willett, the wife of his former client, Mr. Willett, whose trial was severed from hers.

The Crown argued a realistic risk of conflict of interest due to Mr. Goldstein's duties to his former client (Mr. Willett, whose appeal was pending) and his current client (Ms. Willett).

Ms. Willett and Mr. Willett asserted a joint defence and waived confidentiality, having received independent legal advice.

The court found a substantial risk that Ms. Willett's defence could inculpate Mr. Willett, undermining public confidence in the administration of justice.

The application to remove Mr. Goldstein was granted.

The offender was sentenced after conviction for discharging a firearm with intent to wound, aggravated assault, multiple firearms possession offences, possession of a firearm while prohibited, and breaches of probation and recognizance.

The offences arose from a shooting in a Toronto townhouse complex in which the victim was shot in the leg during a confrontation.

The court emphasized denunciation and deterrence for gun violence while considering the offender’s youth, family support, and prospects of rehabilitation, as well as the principle that a first penitentiary sentence should be as short as possible while meeting sentencing objectives.

Applying the totality principle and considering mandatory minimum penalties, the court imposed a global sentence of eight years and three months before credit for pre‑sentence custody.

Credit at 1.5:1 for 999 days of pre‑sentence custody reduced the remaining sentence to four years, one month, and twenty‑one days.

The accused, a vocal music teacher, was charged with sexual assault, sexual interference, and invitation to sexual touching involving a 10‑year‑old student at a school.

The complainant testified to multiple assaults occurring during after‑school detentions in the music room.

The trial judge applied the principles in R. v. W.(D.) and assessed both credibility and reliability of the evidence.

Although the complainant was found credible and clearly traumatized, objective evidence regarding class schedules, the physical layout and accessibility of the classroom, and inaccuracies in the complainant’s recollection raised significant reliability concerns.

These factors created a reasonable doubt as to whether the alleged assaults occurred as described.