2 total
Relief denied decision
This criminal trial concerned charges of sexual interference and sexual assault against P.H., the biological father of the complainant, M.H. The allegations spanned from 2011 to 2014, when M.H. was between three and four years old.
M.H. testified at age 13, describing multiple incidents of sexual touching of her vagina by the accused, primarily in the bathroom during bath/shower times when her mother was absent.
The defence challenged the reliability of M.H.'s historical memory due to her young age at the time of the incidents and inconsistencies in her testimony.
The court, applying principles for assessing child witnesses, found M.H.'s evidence credible and reliable, despite minor inconsistencies and "blended memories," as her core account of sexual touching by her father remained consistent.
The accused's denial was rejected as evasive and unreliable.
P.H. was found guilty of sexual interference, and the sexual assault charge was stayed under the Kienapple principle.
Warrantless apprehension of children from kin caregiver ruled improper; children placed with uncle instead of foster care.
The Children's Aid Society apprehended three children from their grandmother, who had temporary care and custody, without a warrant based on hearsay allegations of drug use.
The society then brought a motion to vary the temporary care and custody order to place the children in society care.
The court found the warrantless apprehension was improper, lacking reasonable and probable grounds and relying on inadmissible hearsay.
The court dismissed the society's request to place the younger children in foster care, instead ordering them placed with their paternal uncle, while placing one older child with severe behavioral issues into society care.
