2 total
The accused was convicted of sexual assault for engaging in sexual contact with a severely intoxicated complainant incapable of consenting.
The accused was charged with sexually assaulting a 16-year-old complainant on March 2-3, 2012.
The trial examined whether the accused engaged in non-consensual sexual contact with the complainant who was severely intoxicated.
The Crown presented evidence from the complainant, her friend, and a witness who observed the accused touching the complainant inappropriately while she was unconscious on the kitchen floor.
The court found that the accused engaged in sexual contact with the complainant both in the kitchen and later in his bedroom, when she was incapable of consenting due to extreme intoxication.
The accused was convicted of sexual assault.
Appeal of Crown wardship without access dismissed; parents and grandparents incapable of providing adequate care.
The father and paternal grandparents appealed a trial decision granting Crown wardship of four children without access.
The children had been apprehended due to the parents' substance abuse and domestic violence, and the grandparents were unable to care for them due to their high needs.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion that the parents and grandparents were incapable of providing adequate care and that an access order would impair the children's opportunities for a permanent placement.
