T. Boisvert

The accused, an Indigenous man, was found guilty of sexually assaulting his cousin after providing her with a substance she believed was crack cocaine.

The Crown sought a 3-year sentence, while the defence sought 18 months to 2 years.

The court considered the devastating impact on the victim, the accused's lack of a prior record, his rehabilitative efforts while incarcerated on unrelated charges, and his Indigenous background as detailed in a Gladue report.

The accused was sentenced to two years plus one day in a penitentiary, to be served consecutively to his current sentence.

The Crown brought an application under section 752.1(1) of the Criminal Code to remand the respondent for an assessment to determine whether he should be declared a dangerous or long-term offender.

The respondent had recently been convicted of two counts of sexual assault and had a lengthy criminal record including prior sexual offences.

The court reviewed the respondent's history, psychological reports, and Gladue factors, concluding that there was a pattern of repetitive behaviour showing a substantial degree of indifference to the consequences of his actions.

The court found reasonable grounds to believe the respondent might be found to be a dangerous or long-term offender and ordered the assessment.

The accused was charged with sexual assault, touching for a sexual purpose, and incest against his daughter, relating to two historical incidents when she was 14 and 18 years old.

The complainant testified that she was highly intoxicated during both incidents and experienced blackouts, but awoke to find the accused sexually assaulting her.

The court found the complainant's evidence credible and reliable, supported by corroborating evidence and prior consistent statements admitted to rebut recent fabrication.

The accused was found guilty of two counts of sexual assault and one count of touching for a sexual purpose, but not guilty of incest as the Crown failed to prove sexual intercourse beyond a reasonable doubt.

The applicant brought a motion for interim spousal support under the Family Law Act following the breakdown of a 12‑year common law relationship with no children.

The applicant earned approximately $28,000 annually while the respondent earned about $82,000.

The respondent argued that income should be imputed to the applicant based on his training as a welder, but the court accepted his current income circumstances.

Applying the Spousal Support Advisory Guidelines and considering the parties’ respective needs and means, the court determined that interim support was appropriate pending trial.

The respondent was ordered to pay temporary spousal support of $875 per month.