The accused, a 22-year-old teacher, was charged with sexual exploitation under s. 153(1) of the Criminal Code after engaging in sexual activity with a 14-year-old student during the summer holidays.
The trial judge acquitted the accused, finding he was not in a position of trust or authority and had not exploited his position, which the Court of Appeal affirmed.
The Supreme Court of Canada allowed the Crown's appeal and entered a conviction, holding that actual exploitation is not a constituent element of the offence.
The Court further held that teachers are inherently in a position of trust and authority towards their students, and absent evidence raising a reasonable doubt, the accused occupied such a position.
