Melanie Nancekievill

The applicant sought a stay of proceedings for a retrial on charges of sexual assault and sexual interference against his stepdaughter, alleging that he was unlawfully overhold in custody for approximately sixteen hours after the Court of Appeal issued an order for his release.

The applicant argued that multiple Charter rights were breached, including rights under sections 7, 9, 10(a), and 11(e) of the Canadian Charter of Rights and Freedoms.

The Crown opposed the stay, characterizing the overhold as an inadvertent or technical breach for which alternative remedies were available.

The court dismissed the application for a stay, finding that while the conduct was offensive and systemic problems existed in the correctional system's procedures, the circumstances did not warrant the drastic remedy of a stay of proceedings.

The offender, an Aboriginal man, was convicted of assault causing bodily harm, simple assault, two counts of dangerous driving causing bodily harm, and mischief.

The Crown sought a 27-month sentence, while the defence sought a 90-day intermittent sentence.

Applying Gladue principles and considering the offender's traumatic childhood in the foster care system, the court imposed a global sentence of 15 months incarceration, noting that a penitentiary sentence would have been warranted but for the offender's personal circumstances and Aboriginal background.

The defendant, K.D.R., was charged with sexual assault.

The central issue was whether the sexual touching was consensual and if the defendant had an honest but mistaken belief in consent.

The court reviewed the evidence, including conflicting testimonies from the complainant and the defendant, and social media messages.

The court found significant inconsistencies in the complainant's evidence, which cast doubt on her reliability and credibility.

Consequently, the Crown failed to prove the essential elements of the offence beyond a reasonable doubt, leading to an acquittal.