Jodi C. Whyte

The appellant appealed his conviction, arguing that the trial judge erred in admitting the evidence of several witnesses, including an expert who testified that the complainant suffered from post-traumatic stress disorder.

The Court of Appeal dismissed the appeal, noting that defence counsel at trial had not objected to the evidence and that it was admissible to respond to the defence's attack on the complainant's credibility regarding delayed disclosure.

The court also found the jury charge on credibility to be sufficient.

The appellant sought habeas corpus relief arising from a parole-related matter.

The Court of Appeal held that habeas corpus is a discretionary remedy and found no reviewable error in the application judge's exercise of discretion.

The court further held that the Parole Board Appeal Tribunal could grant the remedy sought without considering the Charter.

The appeal was dismissed.