A. Kenawy

Following a judge-alone criminal trial for sexual assault, the court assessed sharply conflicting accounts of a sexual encounter at the accused's home.

Applying the W. (D.) framework and the Supreme Court's communicative consent jurisprudence, the court found the complainant credible and reliable on the core allegation that she did not consent and had said she did not want sex.

The court rejected the accused's evidence, including his claim that his arm injury made the assault physically impossible, and held that even on his version there was no affirmative communication of consent.

The court further found that any asserted belief in consent was unavailable because no reasonable steps were taken to ascertain it.

The accused was found guilty of sexual assault.

The accused was charged with importing cocaine after returning to Canada from Jamaica with a suitcase containing over two kilograms of cocaine hidden in a false bottom.

The sole issue at trial was whether the accused knew she was importing a controlled substance.

The accused testified that she was a 'blind courier' who had been given the suitcase by her boyfriend to transport fish and fruit, unaware of the hidden drugs.

Applying the W.(D.) framework, the court did not believe the accused's testimony but found that the evidence as a whole, including her lack of sophistication and the circumstantial evidence, left a reasonable doubt.

The accused was acquitted.

The accused was charged with sexually assaulting the complainant following a drug deal gone wrong.

Both the accused and the complainant were crack cocaine users and provided conflicting accounts of the events, with the accused denying the assault and claiming a panic attack prevented consensual sex.

The court applied the W.(D.) framework to assess credibility and found significant reliability issues with both principal witnesses' testimonies, including inconsistencies in the complainant's account and delayed disclosure.

Ultimately, the court concluded the evidence was sufficiently unreliable to prove the allegations beyond a reasonable doubt, resulting in an acquittal.