S. G. Pratt

The youth offender was found guilty of multiple sexual offences against a child family member.

The Crown sought a 12-month custodial sentence, while the offender sought a deferred custody and supervision order.

The court found that the victim suffered serious psychological harm, which constitutes serious bodily harm, thereby precluding a deferred custody order under the Youth Criminal Justice Act.

Emphasizing the profound harm caused by child sexual abuse and the breach of trust, while balancing the offender's youth and rehabilitative prospects, the court imposed a 10-month custody and supervision order followed by 12 months of probation.

The Crown brought an application to allow the complainant, who is unable to speak due to a stroke, to testify using a combination of an iPad application and typed responses.

The court conducted an inquiry under section 6 of the Canada Evidence Act and found the proposed technology necessary and reliable.

The application was granted, subject to the procedure being revisited if it proves unworkable during the trial.