Marc-André Lavigne

Sentencing following convictions for sexual interference and invitation to sexual touching arising from repeated sexual abuse of a young child by a parental figure in the home.

The court applied the modern sentencing framework for child sexual offences, emphasizing denunciation, deterrence, the serious bodily and psychological harm caused by digital penetration, repeated abuse, breach of trust, and foreseeable long-term impacts.

The sexual assault count was conditionally stayed under the rule against multiple convictions for the same delict.

A global sentence of six years' imprisonment was imposed, together with substantial ancillary orders, and the victim surcharge was waived for undue hardship.

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.

The offender was found guilty of sexual assault after raping the victim at a university party while she was intoxicated.

The court considered the offender's prior criminal record, lack of remorse, and the severe impact on the victim.

The offender was sentenced to 3 years and 10 months in custody, along with a DNA order, a 20-year SOIRA order, and a 10-year weapons prohibition.