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Ontario Court of Appeal upheld Alex Clarke’s sexual assault conviction, rejecting claims of misapprehended evidence, irrational reasoning, and stereotype-based credibility findings.
Given elevated gravity (intercourse, victim asleep and intoxicated, significant impact, and commission while subject to a CSO) and countervailing mitigation (youth at time, post‑offence good conduct, low recidivism risk, strong supports), a penitentiary term was appropriate; conditional sentence was unavailable; balancing denunciation/deterrence with restraint for youth produced a proportionate sentence of two years imprisonment; mandatory DNA and weapons prohibition and custodial non‑communication orders were imposed; victim fine surcharge waived for undue hardship; offender proven on balanc…
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The Court of Appeal for Ontario dismissed a sexual assault appeal, holding the trial judge properly applied W.(D.), could assess consent by phase, and gave adequate reasons.
Court held that disclosure should be ordered in a tiered, protective manner: source documents and the confidential list must be produced with the complainant's name and address/contact information redacted, but dates and particulars of the complaint are to be unredacted; the Wigmore test was not fully satisfied on the evidence and privacy interests are balanced by targeted redactions; order without prejudice to further disclosure applications on additional evidence.
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Majority (Knickle J.A., Hoegg J.A. concurring) held the trial judge erred in admitting the SIRT investigation evidence and portions of the Ultramar collateral evidence because relevance under s.276 was not established before subjecting the complainant to cross-examination; the judge also erred by improperly excluding relevant narrative details of the complainant’s last encounter and by allowing the accused to testify without oath; these errors cumulatively could reasonably be thought to have had a material bearing on the acquittals and warranted setting them aside and remitting the matter for…
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The Court of Appeal for Ontario dismissed the appeal from sexual assault convictions, finding no palpable and overriding error in the trial judge’s credibility and evidence analysis.
The Court of Appeal allowed Mr. Batson’s appeal from a sexual assault conviction, set aside the conviction, and ordered a new trial because the reasons were insufficient and contained material errors.
Ontario Court of Appeal dismissed an appeal from a civil judgment, upholding credibility findings, reasons for decision, and application of Browne v. Dunne.
The Supreme Court dismissed the appeal in a sexual assault case, holding that the trial judge erred by mishandling consent evidence and circumstantial evidence.
The Supreme Court of British Columbia acquitted Jarrett Joseph Lernowich of sexual assault, finding the Crown failed to prove the actus reus beyond a reasonable doubt.
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