Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The Ontario Court of Appeal dismissed most of a sentence appeal in a child sexual offence case, set aside one unavailable prohibition order, and admitted fresh Gladue-related evidence.
The Ontario Court of Appeal dismissed a conviction appeal, holding the accused failed to take reasonable steps to ascertain the complainant’s age and rejecting related challenges.
The court allowed a Crown voir dire application to admit text message screenshots and a handwritten note, holding live complainant evidence was not required.
Appeal from a sexual assault sentence dismissed. The court held the judge gave adequate notice before exceeding the Crown’s position and the sentence was not demonstrably unfit.
The Court denied an adjournment, held that Friesen principles apply to this pre-Friesen offence, confined sentencing to the theory of liability advanced at trial, and found a 15‑month conditional sentence order followed by two years probation to be fit and not dangerous to the community; ancillary orders (lifetime SOIRA, primary-designated DNA collection, $100 victim surcharge, and prohibitions on unsupervised contact with children) were imposed.
Source excerpt
The court allowed the Crown’s sentence appeal in part, set aside the 18-month conditional sentence order, and substituted an effective custodial sentence for child luring.
The sentencing judge did not err in law or principle in weighing aggravating and mitigating factors, properly applied Friesen's elevated emphasis on denunciation and deterrence for child sexual offences, reasonably exercised discretion in granting enhanced pre-trial credit, and therefore the 10-year global sentence is not demonstrably unfit and is upheld.
Source excerpt
Trial judge misapplied the law by treating proof of identity in the masturbation video and labeling conduct as mere 'flirting' as dispositive of mens rea; on the accepted findings of fact the only reasonable inference is that the respondent transmitted sexually explicit material with the specific intent to facilitate an enumerated sexual offence (grooming/reducing inhibitions), therefore the acquittal is set aside and a conviction entered.
Source excerpt
Sentencing for a father who pleaded guilty to sexually touching his young daughter over more than two years in breach of trust. The court imposed 4.5 years’ imprisonment plus ancillary orders.
The Court of Appeal substituted imprisonment for a conditional sentence order in a child sexual offence case, holding the original sentence failed to give proper weight to denunciation and deterrence.
Explore more
