COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Delacruz, 2013 ONCA 61

DATE: 20130130

DOCKET: C52656

Doherty, Simmons and Tulloch JJ.A.

Her Majesty the Queen

Respondent

and

Paul Delacruz

Appellant

Paul Aubin, for the appellant

Grace Choi, for the respondent

Heard: January 29, 2013

On appeal from the conviction entered by a jury presided over by Justice D.F. Baltman of the Superior Court of Justice, dated December 9, 2009 and the sentence imposed on June 7, 2010.

APPEAL BOOK ENDORSEMENT

[1] We agree with the reasons of the trial judge on the meaning of the word "report" in s. 140(1)(c). Those reasons are reported at (2009), 2009 72072 (ON SC), 249 C.C.C. (3d) 501: see in particular paras. 15-22.

[2] The two authorities referred to by the appellant turn on the findings on intent made by the trial judges in those cases. To the extent that they suggest the "report" must be made to a police officer, we disagree with those authorities: see R. v. Duguay, [1979] O.J. 4610 (Ont. Prov. Ct.); R. v. McQuarrie, [1992] M.J. No. 72 (Prov. Ct.)

[3] There was ample evidence upon which the jury could conclude beyond a reasonable doubt that the appellant intended to mislead the police when he made the false allegations of serious criminal conduct to the Children's Aid Society.

[4] The instruction on the burden of proof was correct. The fact that it could have been put another way is of no consequence.

[5] The appeal is dismissed.