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] 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.

[2] As 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] 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.

[4] A 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.

[5] In 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.

[6] I am satisfied that the victim understands the effect and consequences of the request that has been made on her behalf.

[7] 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