The accused was charged with multiple counts of sexual assault against his former spouse, including two counts alleged to have occurred entirely in Alberta and Quebec.
At the outset of the trial, the defence brought an application to quash or dismiss those two counts for lack of territorial jurisdiction.
The Crown argued there was a real and substantial connection to Ontario based on the ongoing relationship, cross-count assaults, and the psychological effects suffered by the complainant in Ontario.
The court rejected the Crown's arguments, finding no elements of the offences occurred in Ontario and the effects-based analysis did not apply.
The two out-of-province counts were stayed for lack of jurisdiction.
