Sandra Town

This decision addresses the interpretation of section 527 of the Criminal Code concerning the conveyance of prisoners to court when they refuse to attend.

The court held that a s. 527 order compels the custodian to deliver the prisoner to court and that the use of necessary force to do so is authorized under s. 25(1) of the Criminal Code without requiring explicit language in the order.

The court emphasized that prisoners do not have a choice to refuse attendance and that correctional staff must be aware of their legal authority to use reasonable force.

The decision clarifies the interplay between s. 527 and s. 25, rejecting the need for “extraction orders” with specific force authorization clauses.

The accused was charged with sexual assault, sexual interference, and making sexually explicit material available to a child.

The Crown conceded the charge of making sexually explicit material available to a child.

The court assessed the credibility and reliability of the complainant, a child, and the defence witnesses (the accused and his grandparents).

Significant inconsistencies in the complainant's testimony, coupled with evidence suggesting potential coaching by her father and the credible testimony of the grandparents, led the court to conclude that the Crown had not proven the remaining charges beyond a reasonable doubt.

The accused was acquitted on all counts.