Katherine Beaudoin

The appellants, a police officer and an employee of the Office of the Public Guardian and Trustee, were convicted of defrauding an elderly man's estate using a fabricated will.

They appealed their convictions and sentences, arguing errors in the trial judge's refusal to stay proceedings for a Charter breach, admission of after-the-fact conduct evidence regarding the concealment of their affair, and an unbalanced jury charge.

The Court of Appeal dismissed the appeals, finding no error in the trial judge's evidentiary rulings, jury instructions, or the sentences imposed.

The accused, a personal support worker, was convicted of sexually assaulting a vulnerable patient in a psychiatric ward.

The summary conviction appeal judge overturned the conviction, finding the trial judge's reasons insufficient on the issues of non-consent and vitiation of consent.

The Crown appealed.

The Court of Appeal agreed the reasons on subjective non-consent were insufficient due to a failure to address conflicting evidence.

However, the Court held the appeal judge erred in her interpretation of s. 273.1(2)(c) of the Criminal Code.

The trial judge was entitled to find, in the alternative, that any apparent consent was vitiated by the accused's abuse of his position of trust, and inducement could be inferred from the circumstances.

The conviction was restored.

The appellant appealed his convictions for assault and his 34-month sentence arising from intimate partner violence.

He argued the trial judge erred in instructing the jury on myths and stereotypes regarding delayed reporting and returning to an abusive relationship.

The Court of Appeal found no legal error, concluding the jury was properly equipped to assess credibility.

The court also dismissed the sentence appeal but reduced the sentence by one month to remedy post-conviction Charter breaches involving arbitrary detention and an unlawful strip search after bail pending appeal was granted.