R. v. Arsenault

Applying the W.D. framework the court found material inconsistencies in AA's evidence and unreliable evidence from CC, and police failure to preserve CCTV materially prejudiced the defence; those factors left a reasonable doubt as to guilt on ss.271 and 151, requiring acquittal.

Citation: 2026 NSPC 11
Parties: Crown: His Majesty the King; Accused: Justin Arsenault
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 24 February 2026
Procedural Posture: Criminal Sexual Offences / Trial Decision
Outcome: Accused found not guilty
Legal Topics: Sexual Assault, Contact With Person Under 16, Credibility Assessment, Preservation of CCTV Evidence, Publication Ban (s.486.4)
Source Language: English

Criminal Law Sexual Offences Evidence Sexual Assault Contact With Person Under 16 Credibility Assessment Preservation of CCTV Evidence Publication Ban (s.486.4)

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Full judgment text Legal principles 6 Authorities cited 14 Party arguments 2

Parties

His Majesty the King

Crown

Justin Arsenault

Accused

Procedural Posture

Criminal Sexual Offences / Trial Decision

Legal Issues

1 Whether the Crown proved beyond a reasonable doubt that the Accused committed sexual assault contrary to s.271
2 Whether the Crown proved beyond a reasonable doubt that the Accused touched a person under 16 for a sexual purpose contrary to s.151
3 Assessment of credibility and reliability of complainant and other witnesses

Ratio Decidendi

Court Disposition

Accused found not guilty

Orders

Accused acquitted of charges contrary to ss.271 and 151 of the Criminal Code
Publication ban under s.486.4 of the Criminal Code prohibiting any information that could identify the complainant