K. Mitchell-Gill

The accused was charged with sexually assaulting his former girlfriend.

The complainant testified that the accused came to her apartment intoxicated, repeatedly asked for sex, and after she refused and went to sleep, she awoke to find him on top of her with her pajama bottoms pulled down.

A witness staying at the apartment corroborated the complainant's immediate distress and the accused's stated intention to have sex with her.

The court found the complainant's evidence credible and corroborated, and found the accused guilty of sexual assault.

The defendant was charged with operating a motor vehicle with a blood alcohol level over the legal limit.

At trial, the defendant brought a Charter motion arguing his s. 10(b) right to counsel of choice was violated.

The arresting officer's field notes indicated the defendant asked for a specific lawyer, but her typed report stated he had no preference and was fine with duty counsel.

Due to the material inconsistency and the officer's lack of independent recollection, the court found a s. 10(b) violation.

Applying the Grant framework, the court excluded the breathalyzer evidence under s. 24(2) of the Charter.