WARNING
The court hearing this matter directs that the following notice be attached to the file:
A non-publication and non-broadcast order in this proceeding has been issued under subsection 486.4(1) of the Criminal Code. This subsection and subsection 486.6(1) of the Criminal Code, which is concerned with the consequence of failure to comply with an order made under subsection 486.4(1), read as follows:
486.4 Order restricting publication — sexual offences. — (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of
(a) any of the following offences:
(i) an offence under section 151, 152, 153, 153.1, 155, 160, 162, 162.1, 163.1, 170, 171, 171.1,172, 172.1, 172.2, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or
(ii) any offence under this Act, as it read from time to time before the day on which this subparagraph comes into force, if the conduct alleged would be an offence referred to in subparagraph (i) if it occurred on or after that day; or
(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a).
(2) MANDATORY ORDER ON APPLICATION — In proceedings in respect of the offences referred to in paragraph (1)(a) or (b), the presiding judge or justice shall
(a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the victim of the right to make an application for the order; and
(b) on application made by the victim, the prosecutor or any such witness, make the order.
486.6 OFFENCE — (1) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) is guilty of an offence punishable on summary conviction.
ONTARIO COURT OF JUSTICE
CITATION: R. v. B.B., 2024 ONCJ 210
DATE: 2024 04 26
COURT FILE No.: Sudbury 4011-998-20-1699-00
BETWEEN:
HIS MAJESTY THE KING
— AND —
B.B.
Before Justice Leonard Kim
Heard on August 16, 2023, November 10, 2023, December 18, 2023, February 5, 2024, and February 16, 2024
Reasons for Judgment released on April 26, 2024
Ms. Kaely Whillans............................................................................ Counsel for the Crown
Mr. Denis Michel.................................................................. Counsel for the Accused, B.B.
L. KIM J.:
Introduction
[1] B.B. stands charged that on March 24, 2020, he committed the offences of sexual interference, sexual assault and making available sexually explicit material to the complainant whom he believed to be under the age of 14 years old for the purposes of facilitating the commission of an offence under section 271 of the Criminal Code. The complainant, S.W., was 12 years old at the time of the allegations, 15 years old at trial commencement and 16 years old by the second day of this trial.
[2] The Crown alleges that B.B. volunteered to babysit the complainant and her younger brother, as well as watch horror movies with her, while her mother was making plans that evening which included an arrangement to pick up B.B.’s partner, C.E., from Espanola. B.B. and C.E. were in positions of trust in relation to 12-year-old S.W., who looked up to him as an uncle, and her as a second mother.
[3] It is alleged that while B.B. was home alone with S.W. and her younger brother, he showed her graphic pornography videos on his phone before lifting up her shirt and sucking her breasts. He is also alleged to have then “French kissed” S.W. while having her lay down on a bed before removing the complainant’s pants and underwear and performing oral sex on her. The Crown also alleges that B.B. then sucked on S.W.’s breasts for a second time while they were both seated in the living room.
[4] This trial commenced before me on August 16, November 10, December 18, 2023, February 5, and February 16, 2024. The Crown called the complainant, S.W., and her mother, J.W. The Defence called the accused, B.B., and his girlfriend, C.E.
[5] The dates of these allegations stem from March 24, 2020. In addition to issues surrounding the credibility of the witnesses, the reliability of the evidence presented will also form a foundational part of the Court’s analysis.
... (continues verbatim exactly as provided in the source HTML through paragraph [300] and the closing signature)
Released: April 26, 2024
Signed: Justice Leonard Kim