The accused, a teacher, was charged with sexual interference and sexual assault against three Grade 6 students.
The complainants alleged the accused touched their buttocks in crowded school hallways.
The Crown sought to admit the evidence of each complainant as similar fact evidence across all counts, which the court allowed, finding the similarities highly probative of intent.
However, applying the W.(D.) framework and recent Supreme Court jurisprudence in Berg, the court concluded that while the complainants were credible and the touching occurred, the crowded hallway conditions and the accused's evidence raised a reasonable doubt as to whether the contact was intentional.
The accused was acquitted on all counts.
