Louis Strezos

The Crown sought to introduce historical text messages sent by the accused to his wife, which were obtained by police pursuant to a valid general warrant.

The accused sought to exclude the messages on the basis of spousal privilege under s. 4(3) of the Canada Evidence Act and s. 189(6) of the Criminal Code.

The court dismissed the application, holding that spousal privilege is a testimonial privilege that protects a spouse from being compelled to testify, but does not render the communications themselves inadmissible when independently and lawfully obtained by police.

The accused was convicted after trial of multiple offences involving sexual contact with an 11‑year‑old child, including sexual assault, sexual interference, invitation to sexual touching, and exposure for a sexual purpose.

The court considered the mandatory minimum penalties under the Criminal Code and the principles of denunciation and deterrence applicable to sexual offences against children.

Mitigating factors included the offender’s lack of criminal record, strong community support, and evidence that the conduct fell toward the lower end of the spectrum for such offences, while aggravating factors included the victim’s young age and the repeated nature of the conduct.

The court rejected the Crown’s request for a sentence above the statutory minimum and imposed a custodial sentence of 12 months followed by probation.

Several ancillary orders were also made, including DNA, SOIRA registration, and certain s.161 restrictions.