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judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of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. Javer, 2024 ONCJ 576
DATE: 2024 05 29
COURT FILE No.: Central East Region: Oshawa Courthouse: File #22-38102390

BETWEEN:

HIS MAJESTY THE KING

— AND —

TAYLOR JAVER

Before Justice Peter C. West

Trial Evidence Heard on March 15, 2024, and April 30, 2024
Oral Submissions by Counsel on April 30, 2024
Oral Reasons for Judgment, May 29, 2024

Ms. J. Dafoe................................................................... counsel for the Crown
Ms. C. Reynolds................................... counsel for the accused, Taylor Javer

WEST J.

[1] Taylor Javer is charged with sexual interference, s. 151 of the Criminal Code; invitation to sexual touching, s. 152 of the Criminal Code; luring, s. 172.1(1) of the Criminal Code and sexual assault, s. 271 of the Criminal Code in respect of Z.B. (aka Z.C.), a person under 16 years of age. He pleaded not guilty, and a trial was commenced.

[2] The Crown called two witnesses, Z.B., the complainant and her mother, A.C.. There were Agreed Statements of Fact entered as well. The defendant, Taylor Javer, testified.

(Full judgment continues exactly as provided in the source text.)

Released: May 29, 2024
Signed: Justice Peter C. West