J.W. Irving

The accused was charged with three counts of assault against his wife and stepdaughter.

The allegations originated from a doctor's visit where bruises were observed on the child, leading to a CAS report and a videotaped police statement by the mother implicating the accused.

However, the mother subsequently recanted her statement multiple times, including during a 911 call, in an affidavit, and under oath at trial, claiming she had lied at the direction of her brother-in-law.

The child also testified that the injuries were accidental.

The court held that the unsworn police statement could not ground a conviction in light of the recantations and the lack of corroborating evidence.

The Crown failed to prove the charges beyond a reasonable doubt, resulting in acquittals on all counts.

The applicant sought to reopen her appeal after it was dismissed for failure to perfect the appeal by the court-ordered deadline of August 31, 2018.

The applicant had attempted to file materials on the deadline date but they were inadequate, lacking necessary components and a transcript.

The materials were not properly filed until January 15, 2019, well after the appeal had been dismissed by the Registrar.

The court found no basis to reopen the appeal, noting the applicant's lack of diligence in pursuing the appeal and the absence of merit in the underlying appeal, which sought to review a trial judge's discretionary decision to issue a bench warrant.