Katherine Elizabeth Fraser

In this criminal constitutional appeal, the Court interpreted ss. 286.2 and 286.3 of the Criminal Code under the modern principle of statutory interpretation and held that these offences do not prohibit sex workers from taking the safety measures identified in Bedford.

Because properly interpreted provisions permit key safety practices, the Court held the offences do not engage security of the person under s. 7 of the Charter.

The appeal was dismissed and the convictions were affirmed.

A peace officer convicted of aggravated assault appealed his conviction following use of force against a detainee.

The trial judge found the officer had no reasonable grounds to use force and that the force applied — striking the detainee multiple times in the head and throwing him to the ground — was unnecessary and excessive, precluding reliance on the statutory defence under s. 25(1) of the Criminal Code.

The majority of the Court of Appeal upheld the conviction on the basis that the trial judge's findings of fact were comprehensive and amply supported by the evidence.

The Supreme Court dismissed the appeal, holding that the trial judge's reasons were sufficient in law and that the findings of fact were not subject to appellate intervention.