R. v. C.B.

R. v. C.B. Collection Decisions of the Court of Appeal Date 2020-12-17 Neutral citation 2020 ONCA 828 Docket numbers C68372 Judges Hoy, Alexandra; Hourigan, C. William; Trotter, Gary T. Subject Criminal Decision Content WARNING The President of the panel hearing this appeal directs that the following should be attached to the file: An order restricting publication in this proceeding under ss. 486.4(1), (2), (2.1), (2.2), (3) or (4) or 486.6(1) or (2) of the Criminal Code shall continue. These sections of the Criminal Code provide: 486.4(1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of (a) any of the following offences; (i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 210, 211, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or (ii) any offence under this Act, as it read at any time before the day on which this subparagraph comes into force, if the conduct alleged involves a violation of the complainant’s sexual integrity and that conduct would be an offence referred to in subparagraph (i) if it occurred on or after that day; or (iii) REPEALED: S.C. 2014, c. 25, s. 22(2), effective December 6, 2014 (Act, s. 49). (b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a). (2) In proceedings in respect of the offences referred to in paragraph (1)(a) or (b), the presiding judge or justice shall (a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the victim of the right to make an application for the order; and (b) on application made by the victim, the prosecutor or any such witness, make the order. (2.1) Subject to subsection (2.2), in proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice may make an order directing that any information that could identify the victim shall not be published in any document or broadcast or transmitted in any way. (2.2) In proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice shall (a) as soon as feasible, inform the victim of their right to make an application for the order; and (b) on application of the victim or the prosecutor, make the order. (3) In proceedings in respect of an offence under section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child pornography within the meaning of that section, shall not be published in any document or broadcast or transmitted in any way. (4) An order made under this section does not apply in respect of the disclosure of information in the course of the administration of justice when it is not the purpose of the disclosure to make the information known in the community. 2005, c. 32, s. 15; 2005, c. 43, s. 8(3)(b); 2010, c. 3, s. 5; 2012, c. 1, s. 29; 2014, c. 25, ss. 22, 48; 2015, c. 13, s. 18. 486.6(1) Every person who fails to comply with an order made under subsection 486.4(1), (2) or (3) or 486.5(1) or (2) is guilty of an offence punishable on summary conviction. (2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or justice system participant whose identity is protected by the order. 2005, c. 32, s. 15. COURT OF APPEAL FOR ONTARIO CITATION: R. v. C.B., 2020 ONCA 828 DATE: 20201217 DOCKET: C68372 Hoy, Hourigan and Trotter JJ.A. BETWEEN Her Majesty the Queen Respondent and C.B. Appellant C.B., in person Brian Snell, appearing as duty counsel Madeline Lisus, for the respondent Heard: December 9, 2020 by videoconference On appeal from the order of Justice Nathalie Champagne of the Superior Court of Justice, dated February 21, 2020, dismissing an appeal from the conviction entered on September 21, 2018 and the sentence imposed on November 26, 2018, by Justice Diane M. Lahaie of the Ontario Court of Justice. REASONS FOR DECISION [1] The appellant was convicted of sexual assault, assault, and mischief to property under $5,000. The case was prosecuted by way of summary procedure. The appellant was sentenced to six months’ imprisonment, followed by two years of probation. The trial judge made other ancillary orders. [2] The appellant appealed to the Summary Conviction Appeal Court on issues that were factual in nature, mostly related to the credibility of witnesses who testified at trial. Her appeal from conviction and sentence was dismissed. [3] The appellant seeks leave to appeal to this court. In our view, she has failed to raise a “question of law alone”, which is a prerequisite to a further appeal to this court: Criminal Code, R.S.C. 1985, c. C-46, S. 839(1). However, with the consent of the Crown, we would vacate the victim fine surcharge of $300. [4] The application for leave to appeal is dismissed. “Alexandra Hoy J.A.” “C.W. Hourigan J.A.” “Gary Trotter J.A.”