Court File and Parties
Court File No.: CR-18-037-00 (Kingston) Date: 2020-03-30 Superior Court of Justice - Ontario
Re: R. v. Kristopher Vaughan
Before: Mr. Justice Graeme Mew
Counsel: Greg Skerkowski, for the Crown Brian Callender, for the Defendant
Heard: 4 March 2020, at Kingston
Endorsement
[1]
Endorsement
On 15 November 2019, Kristopher Vaughan was found guilty of one charge of sexual assault. A sentencing hearing took place on 4 March 2020. The sentencing decision was reserved.
2As is usually the case in proceedings involving sexual offences, an order had previously been made pursuant to section 486.4(1) of the Criminal Code, at the request of the Crown, restricting the publication of any information that could identify the complainant.
[3]
Application to Lift Publication Ban
At the sentencing hearing, the Crown, on behalf of the victim (who was present at the sentencing hearing and read her victim impact statement to the court), applied for the publication restriction order to be lifted.
4A number of authorities supporting the Court’s authority to lift publication restrictions in similar circumstances were filed, including this court’s recent decision in R. v. Ibbitson, 2020 ONSC 1336.
5In Ibbitson, the defendant, who had been acquitted of sexual assault and related charges, opposed the application. By contrast, the defendant in the present case took no position on the Crown’s application.
6I am satisfied that the victim understands the effect and consequences of the request that has been made on her behalf.
[7]
Disposition
Accordingly, and for similar reasons to those given in Ibbitson, the application to lift the previous publication restriction order is granted. For the avoidance of doubt, the effect of this order is to permit the publication of all information pertaining to this court proceeding, notwithstanding that it could identify the complainant.
Graeme Mew J.
Date: 30 March 2020