L. Gonet

The appellant appealed a conviction for sexual interference arising from allegations that he sexually touched his daughter during an overnight visit.

He argued the trial judge conflated credibility and reliability, failed to grapple with inconsistencies, misapprehended material evidence, and improperly relied on medical evidence as corroboration.

The appeal court held the trial judge gave adequate reasons, properly distinguished credibility from reliability, and was not required to address every alleged inconsistency.

Any misstatements were immaterial details, and the medical evidence was used only to anchor timing and support the general reliability of the complainant's account.

The appeal was dismissed.

The applicant received a seven-month conditional sentence in 2013.

Subsequent retroactive amendments to the Immigration and Refugee Protection Act made her liable to deportation without a right of appeal due to the sentence length exceeding six months.

Unaware of her right to appeal the sentence until recently, she applied for an extension of time to file a notice of appeal.

The court applied the Menear factors and granted the extension, finding that the delay was adequately explained, the proposed appeal had merit based on unforeseen collateral immigration consequences, and denying the extension would be unjust.