Jordana Heather Goldlist

A 17-year-old accused was charged with sexual assault and sexual interference after engaging in sexual activity with a 12-year-old complainant.

The sole issue was whether the accused took all reasonable steps to ascertain the complainant's age pursuant to section 150.1(4) of the Criminal Code.

The court found that the accused asked the complainant her age and she stated she was 16.

The complainant presented herself as older through her appearance, behavior, social circle, and online presence.

Upon learning her true age, the accused immediately terminated the relationship.

The court acquitted the accused on both counts, finding he had taken reasonable steps to ascertain age and the Crown failed to prove beyond a reasonable doubt that he did not meet his obligations under section 150.1(4).

The Crown appealed a sentence imposed under the Securities Act for unregistered trading, trading without a prospectus, and breaching prohibition orders.

The sentencing judge had imposed an 18‑month sentence to run concurrently with a 27‑month sentence the respondent was already serving for separate securities offences involving a different company.

The Crown argued that the concurrent sentence undermined deterrence and failed to reflect that the offences arose from separate schemes occurring at different times with different victims.

The Superior Court held that the sentencing judge erred by failing to adequately consider the distinct nature of the schemes and the respondent’s repeated breaches of prohibition orders.

The court concluded that the totality principle did not render a 45‑month total sentence disproportionate and ordered the 18‑month term to be served consecutively.

The defendant pleaded guilty to five offences under the Securities Act, including trading in unregistered securities, distributing securities without a prospectus, and violating multiple Cease Trade Orders issued by the Ontario Securities Commission.

The defendant, acting as a commissioned salesman for an unregistered securities scheme, solicited over $220,000 from investors using an alias and received approximately $44,000 in commissions.

The court sentenced the defendant to 18 months imprisonment, with sentences on the CTO violation counts served consecutively to the trading and distribution counts, but concurrent with an existing 27-month sentence for related offences in the Shallow Oil matter.