R. v. Fidgen

R. v. Fidgen

Viewing the video and circumstances objectively, the Crown proved beyond a reasonable doubt that the accused intentionally reached out and touched the complainant's buttocks and that the touching was done in a sexual manner, satisfying the elements of sexual interference (s.151) and sexual assault (s.271).

Citation
2026 NSPC 2
Parties
Crown: His Majesty the King; Accused: Cole Fidgen
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 January 2026
Procedural Posture
Criminal / Trial Decision (guilty Verdict)
Outcome
Accused found guilty of sexual interference (s.151) and sexual assault (s.271); pleaded guilty to resisting arrest (s.129) and breach of probation (s.733.1(1)).
Legal Topics
Sexual Interference, Sexual Assault, Mens Rea, Actus Reus, Publication Ban, Video Surveillance, Breach of Probation, Resisting Arrest
Source Language
English
Criminal Law Sexual Offences Child Protection Evidence Law Sexual Interference Sexual Assault Mens Rea Actus Reus +4 more

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Parties

His Majesty the King

Crown

Cole Fidgen

Accused

Procedural Posture

Criminal / Trial Decision (guilty Verdict)

Legal Issues

  1. 1 Whether the touching was intentional
  2. 2 Whether the touching was for a sexual purpose
  3. 3 Whether the Crown proved actus reus and mens rea for sexual interference (s.151) and sexual assault (s.271) beyond a reasonable doubt

Ratio Decidendi

Viewing the video and circumstances objectively, the Crown proved beyond a reasonable doubt that the accused intentionally reached out and touched the complainant's buttocks and that the touching was done in a sexual manner, satisfying the elements of sexual interference (s.151) and sexual assault (s.271).

Court Disposition

Accused found guilty of sexual interference (s.151) and sexual assault (s.271); pleaded guilty to resisting arrest (s.129) and breach of probation (s.733.1(1)).

Orders

  • Convictions entered for sexual interference (Criminal Code s.151) and sexual assault (Criminal Code s.271).
  • Convictions entered on guilty pleas for resisting arrest (Criminal Code s.129) and breach of probation (Criminal Code s.733.1(1)).