SUPREME COURT OF CANADA

Date: 20121116 Docket: 34623

Between

D.J.W.

Appellant

and

Her Majesty The Queen

Respondent

Coram: LeBel, Fish, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ.

Reasons for Judgment: (para. 1)

LeBel J. (Fish, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ. concurring)

R. v . D.J.W., 2012 SCC 63, [2012] 3 S.C.R. 396

D.J.W. Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v . D.J.W.

2012 SCC 63

File No.: 34623.

2012: November 16.

Present: LeBel, Fish, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ.

on appeal from the court of appeal for british columbia

Criminal law — Aggravated assault — Assault with a weapon — Elements of offence — Accused attempting to circumcise four-year old son — Accused convicted by trial judge of criminal negligence causing bodily harm, but acquitted of aggravated assault and of lesser included offence of assault with a weapon — Court of Appeal entering convictions for aggravated assault and assault with a weapon and entering a stay of conviction for criminal negligence causing bodily harm — All elements of charges against accused had been established.

APPEAL from a judgment of the British Columbia Court of Appeal (Finch C.J. and Kirkpatrick and Hinkson JJ.A.), 2011 BCCA 522 , 314 B.C.A.C. 209, 534 W.A.C. 209, 282 C.C.C. (3d) 352, [2011] B.C.J. No. 2463 (QL), 2011 CarswellBC 3547, setting aside the accused’s acquittal on charges of aggravated assault and assault using a weapon, entering convictions on those charges and entering a stay of the accused’s conviction for criminal negligence causing bodily harm. Appeal dismissed.

Douglas H. Christie , for the appellant.

Margaret A. Mereigh , for the respondent.

The judgment of the Court was delivered orally by

[ 1 ] LeBel J. — We all agree with Hinkson J.A., writing for a unanimous Court of Appeal, that all the elements of the charges against the appellant had been established. We will not comment on whether the charge of assault with a weapon should have been stayed, as this issue was not raised in this Court. Nor do we need, on the specific facts of this case, to rule definitively on whether a circumcision performed by a person without medical training can ever be considered reasonable and in the child’s best interest. For these reasons, the appeal is dismissed.

Judgment accordingly.

Solicitor for the appellant: Douglas H. Christie, Victoria.

Solicitor for the respondent : Attorney General of British Columbia, Vancouver.