Navneet Kaur Jaswal

The accused, A.J., charged with sexual assault, brought a pre-trial motion for directions to determine if certain communications related to the complainant were "private records" under s. 278.1 of the Criminal Code, thereby requiring a screening regime.

The court found that the proposed materials, including employment-related communications, group chats, third-party discussions, and the complainant's criminal record, did not contain "highly sensitive" or "intimate" information that would give rise to a reasonable expectation of privacy.

Consequently, the materials were deemed not to be "records" under the Code and were made available to the defence for potential use at trial, subject to general admissibility rules.

The offender, Deandre Williams, was found guilty after trial of sexual interference and invitation to sexual touching against a fourteen-year-old girl, with a sexual assault count stayed.

The offences, committed over several weeks while the offender was a guest in the victim's home, escalated in intrusiveness, culminating in attempted penile penetration.

The Crown sought a three-year imprisonment sentence, while the defence proposed 18-24 months, arguing for a Kienapple stay on the invitation to sexual touching count.

The court imposed a global sentence of three years' imprisonment (three years for sexual interference, 12 months concurrent for invitation to sexual touching), rejecting the Kienapple argument.

Aggravating factors included the repeated and escalating nature of the offences, the breach of trust in the victim's home, and the significant impact on the victim.

Mitigating factors, considered under the Morris framework, included the offender's youth and difficult life circumstances, such as being orphaned and exposed to violence and systemic racism.

Due to pre-sentence custody, the sentence was deemed served.

Ancillary orders for DNA collection, a lifetime weapons prohibition, 20-year SOIRA compliance, and a 10-year s. 161 order were also made.