The accused applied for severance of counts in an indictment alleging historical sexual offences against two complainants: the accused’s sister and niece.
The defence argued the count involving the sister should be severed because the alleged conduct occurred when the accused was a youth and therefore engaged the Youth Criminal Justice Act.
The court rejected that argument but nevertheless considered severance under s. 591 of the Criminal Code.
Applying the factors set out in R. v. Last, the court found weak factual similarity between the allegations, a high risk of moral prejudice to the accused, and the likelihood of antagonistic defences.
The court concluded the interests of justice required separate trials.
