Court of Appeal for Ontario

Date: 2017-10-25 Docket: C62222

Judges: Laskin, Feldman and Blair JJ.A.

Between

Her Majesty the Queen Appellant

and

Liban Douale Respondent

Counsel

Kevin Wilson, for the appellant

Diana Lumba, for the respondent

Hearing

Heard: October 24, 2017

On appeal from the acquittal entered on May 30, 2016 by Justice Michael Quigley of the Superior Court of Justice, sitting without a jury.

Appeal Book Endorsement

[1] The Crown has an appeal from an acquittal on a question of law alone. The Crown submits that the question of law arising from the trial judge's reasons is that the trial judge applied a categorical as opposed to a contextual approach to assessing whether a s. 8 breach had been made out.

[2] We disagree.

[3] We are satisfied that the trial judge did apply a contextual approach.

[4] Therefore no question of law arises on the appeal. The appeal is dismissed.