Vicky Jahye Bae

The accused was charged with assault with a weapon (a belt) contrary to s. 267(a) of the Criminal Code and uttering a threat to cause death contrary to s. 264.1(1)(a).

The Crown's case relied on the testimony of the complainant (the accused's spouse), a belt seized at the scene, 911 recordings, and police observations of injuries.

The defence presented the accused's testimony that the complainant attacked him first and that a wrestling match ensued in which he used defensive tactics.

The court applied the W.(D.) test and found that while the accused's evidence was not believed, it raised a reasonable doubt as to guilt.

The court also found significant credibility and reliability issues with the complainant's testimony, including evasiveness on crucial matters and inconsistencies with police observations.

The court acquitted on both counts.

The accused was charged with Over 80 and Impaired Driving following a traffic stop.

During police custody, the accused was subjected to a strip search requiring removal of her underwire bra without reasonable and probable grounds.

The Crown conceded the breach of section 8 Charter rights.

The court found the strip search was part of a systemic and routine police practice at the detachment applied without exception to all female detainees wearing underwire bras.

The court granted a stay of proceedings under section 24(1) of the Charter, finding that proceeding to trial would manifest, perpetuate, and aggravate the prejudice to the integrity of the justice system.

The court noted that had the 24(1) remedy not been available, it would have excluded the breath test evidence under section 24(2) and acquitted on the impaired driving charge due to insufficient evidence of impairment beyond the odour of alcohol.