Marissa Etwaroo

The accused pleaded guilty to sexual interference and making child sexual abuse material arising from repeated penetrative assaults of a very young child over more than a year while acting as a trusted caregiver and family friend.

Applying the sentencing principles in ss. 718 to 718.2 of the Criminal Code and the recalibrated approach in Friesen, the court treated denunciation and deterrence as paramount, emphasizing the child’s age, repeated penetrative abuse, breach of trust, planning, and the enduring harm associated with image creation.

The court found only limited mitigation in the late guilty plea, lack of record, expressions of remorse, and collateral financial impact on the offender’s family.

A penitentiary sentence of 10 years was imposed, together with SOIRA, DNA, forfeiture, no-contact, and s. 161 orders.

The accused, R.K.T., was found guilty of voyeurism, possession of child pornography, making child pornography, and distributing child pornography involving his younger step-sister.

The offences occurred between 2015 and 2019.

The court considered aggravating factors such as the breach of trust, the victim's age (under 18 for some recordings), and the widespread distribution of the images, and mitigating factors including the accused's lack of prior criminal record and potential for rehabilitation.

The Crown sought a total sentence of seven years imprisonment, while the defence sought 30 months.

The court imposed a global sentence of 5.5 years imprisonment, along with ancillary orders including a DNA order, a lifetime prohibition from being around children, and a 20-year Sex Offender Information Registration Act order.

The applicant, a self-represented accused in custody facing serious sexual assault charges, sought an order for broader internet and email access to prepare for his upcoming jury trial.

He argued that his current limited access to) of the Criminal Code this ruling is subject to a publication ban and shall not be transmitted, reproduced or broadcast in any manner until the jury is sequestered or a further order of this court.

The accused, R.K.T., was charged with voyeurism, possession of child pornography, making child pornography, and distributing child pornography, stemming from surreptitious video recordings of his younger step-sister, C.M., in bathrooms when she was nude and under 18 years of age.

The accused, who was self-represented for most of the trial, pleaded not guilty.

The court found the accused guilty on all counts, concluding beyond a reasonable doubt that he made the recordings, possessed the child pornography, made child pornography, and distributed it to his cousin.

This case concerns a criminal harassment trial where the accused, Gregory Potter, was charged with repeatedly communicating with the complainant, Dr. Michael Bartucci, over an eight-year period, culminating in threatening voicemails.

The communications escalated from romantic overtures to defamatory and frightening allegations, causing the complainant to fear for his safety.

The court addressed whether two voicemails on a single day constituted "repeated communication" under the Criminal Code, considering the extensive history between the parties.

The court found that the Crown proved the actus reus and mens rea of the offence, but reserved a final verdict pending submissions on the issue of Not Criminally Responsible (NCR).