DATE: 20040312

DOCKET: C39775

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – LARRY ALFRED LONGBOAT JR. (Appellant)

BEFORE:

CATZMAN, DOHERTY and ARMSTRONG JJ.A.

COUNSEL:

Jennifer Woollcombe

for the respondent

Irwin Koziebrocki

for the appellant

HEARD AND ENDORSED:

March 11, 2004

On appeal from the conviction entered by Justice Anne Bain of the Superior Court of Justice dated October 17, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] The trial judge’s findings of fact support her conclusion that the Crown had established the fact that the appellant had made an informed waiver of his s. 10(b) rights. We cannot agree with counsel’s submission that the appellant was entitled to know the details of the complainant’s allegations before being in a position to make an informed waiver of his right to counsel.

[2] We see no error in the trial judge’s charge to the jury on the issue of consent.

[3] The appeal against conviction is dismissed.