Court of Appeal for Ontario

Date: 2025-07-21
Docket: C70460

Before:
M.L. Fairburn, G.T. Trotter, and A. Harvison Young

Between:
His Majesty the King (Respondent)
and
Sandra Forcier (Appellant)

James Foy, appearing as amicus curiae
Nicholas Hay, for the respondent

Heard and released orally: July 14, 2025

On appeal from the convictions entered by Justice Patrick Hurley of the Superior Court of Justice, dated October 29, 2021, and from the sentence imposed on February 3, 2022.

Reasons for Decision

[1] This is an appeal from the convictions for sexual assault and sexual exploitation. The appellant initially appealed both conviction and sentence. She has since abandoned her sentence appeal.

[2] The appellant was a supervisor in a government-run home for young people. One of the victims was a resident of that home. The other was a friend of another resident. The two victims did not know each other. There were multiple serious allegations, which unfolded over a lengthy period.

[3] As the appellant has suffered a serious brain injury, this court appointed amicus curiae to assist in advancing her appeal. We are grateful for the excellent assistance provided. Amicus advances three points, which ultimately converge on a single issue: the trial judge’s credibility findings. Specifically, it is alleged that the trial judge erred in his treatment of the appellant’s statement to the police and in failing to resolve material inconsistencies in both complainants’ evidence.

[4] We have considered the reasons as a whole against the record in this case. Despite the capable submissions of counsel, it is our view that it was open to the trial judge to arrive at the credibility conclusions he reached. He set out multiple reasons in support of those conclusions, which are entitled to deference, and when considered as a whole, we discern no basis to interfere.

[5] The appeal is dismissed.

“M.L. Fairburn”
“G.T. Trotter”
“A. Harvison Young”