Keith Schultz

The accused was charged with historical sexual offences, including indecent assault and gross indecency, alleged to have occurred approximately 48 years ago during a cadet program.

The Crown's case relied entirely on the complainant's uncorroborated testimony.

Applying the W.(D.) framework, the court found material inconsistencies and evidence of reconstructed memory in the complainant's account, while the accused's evidence was candid and raised a reasonable doubt.

The court concluded that the Crown failed to displace the presumption of innocence and acquitted the accused on both counts.

The appellant appealed a finding of not criminally responsible on account of mental disorder (NCRMD) for charges of being unlawfully in a dwelling house, resisting a peace officer, and breach of probation.

The appeal was based on the entry of an invalid plea of 'not criminally responsible by way of mental disorder' and the trial judge's failure to provide adequate reasons for the NCRMD finding under s. 16 of the Criminal Code.

The Crown conceded the errors.

The Summary Conviction Appeal Court allowed the appeal, quashed the NCR verdict, and ordered a new trial, noting the serious miscarriage of justice that resulted in the appellant's deprivation of liberty for nearly six years.

The charges were subsequently withdrawn upon the appellant entering into a peace bond.

A young adult offender, M.M., pleaded guilty to theft under $5000 and breach of a youth sentence order, both committed shortly after her 18th birthday.

The Crown sought a conviction, while duty counsel sought a conditional discharge based on the collateral consequence that a conviction would convert M.M.'s significant youth record into an adult criminal record under section 119(9) of the Youth Criminal Justice Act.

The court imposed a conditional discharge with 12 months' probation, finding that the discharge was in M.M.'s best interests and not contrary to the public interest, emphasizing rehabilitation and redemption for a young adult still in the process of maturing.