Marc-André Lavigne

The accused was found guilty of sexual offenses against a young stepdaughter (aged 10) under ss. 151, 152, and 271 of the Criminal Code.

The court delivered reasons for sentence, staying the s. 271 charge under the Kienapple principle and imposing concurrent sentences for ss. 151 and 152.

The judgment discusses sentencing principles, aggravating and mitigating factors, and the application of "Summers" and "Duncan" credits for pre-sentence detention, particularly in the context of the COVID-19 pandemic.

The court imposed a four-year term of imprisonment, less pre-sentence custody credit, along with probation and various ancillary orders.

The accused, charged with sexual offences against two young complainants, sought a pre-trial ruling to cross-examine one of the complainants about her prior viewing of pornography.

The accused argued that viewing pornography alone is not a 'sexual activity' under s. 276 of the Criminal Code.

The court held that s. 276 must be interpreted broadly to protect the dignity and privacy of complainants, concluding that the provision applies to the private viewing of pornography.

Consequently, such evidence is inadmissible unless the conditions of s. 276(2) are met.