Canada Case Law

R v. Letcher

Court

Supreme Court of Nova Scotia

On the evidence as a whole the Crown proved beyond a reasonable doubt that Lorna Letcher occupied a position of trust towards M.M. during the charged periods: a 32-year age gap, the evolution from instructor/mentor to confidante and romantic partner, the accused's continuing access and control of music spaces and band activities, and M.M.'s documented vulnerability and emotional dependence established the requisite power imbalance; because s.153(1)(a) does not require lack of consent, the contemporaneous sexual touching convictions follow.

Source excerpt

• Section 153 sexual exploitation
• Position of trust
• Standard of proof beyond a reasonable doubt
• Credibility assessment
• Publication ban s.486.4

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R. v. J.B.

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario allowed the conviction appeal in part, set aside the sexual exploitation-related convictions, ordered a new trial, and upheld the possession sentence.

• Position of trust
• S.153(1) criminal code
• Age of consent
• Appeal from conviction
• New trial
• Soira

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R. v. K.I.Z.

Court

Supreme Court of British Columbia

After convicting K.I.Z. of sexual interference with a 12-year-old, the court imposed 5 years and 2 months' custody, with credit for 71 days and ancillary orders.

• Sexual interference
• Position of trust
• Friesen framework
• Risk assessment
• Gladue factors
• Ancillary orders

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R. v. B.H.H.

Court

Supreme Court of British Columbia

The court sentenced B.H.H. to 4.5 years for sexual interference involving a 15-year-old relative, finding the offence significantly contributed to the victim’s suicide.

• Sexual interference
• Sexual assault
• Sentencing
• Gladue principles
• Victim impact
• Causation of suicide

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R. v. R.G.

Court

Court of Appeal for Ontario

The Ontario Court of Appeal upheld a sexual assault conviction and six-year sentence, rejecting arguments about consent, credibility, W.(D.) and sentence fitness.

• Sexual assault
• Consent
• Credibility findings
• Position of trust
• Judicial review of verdict
• Recall of witness (browne v. dunn)

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R. v. Nikal

Court

British Columbia Court of Appeal

Leave to appeal was denied. The Court found no error of law in the summary conviction appeal judge’s decision to resentence Mr. Nikal and refuse a stay.

• Sentence increase on appeal
• Stay of execution
• Deference to sentencing judge
• Position of trust
• Summary conviction procedure
• Publication ban (s.486.4)

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R. v. Jacob

Court

Supreme Court of British Columbia

Sentencing for five sexual assaults by a massage practitioner: two years less one day in custody, three years probation, and ancillary orders. A conditional sentence was refused.

• Sexual assault
• Position of trust
• Conditional sentence order
• Victim impact statements
• Probation
• Ancillary orders

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Sarassra v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court dismissed judicial review of an IAD inadmissibility finding, holding it was reasonable to treat the applicant’s IRFAN Canada employment as membership.

• Inadmissibility
• Membership in terrorist organization
• Judicial review
• Reasonableness standard
• Institutional link
• Position of trust

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R. v. Porcher

Court

Supreme Court of British Columbia

The court found Matthew Porcher guilty of sexual touching and sexual assault involving a 14-year-old youth, rejecting his denial under the W.(D.) framework.

• Sexual touching
• Sexual assault
• Credibility assessment (w.(d.))
• Grooming
• Position of trust
• Sexual-assault

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R. v. E.R.

Court

Court of Appeal for Ontario

The appeal is dismissed because the trial judge's credibility and reliability findings were supported by the evidence and reasonable common‑sense inferences; the complainant's account was corroborated and credible, establishing that sexual contact began when he was 15 and that the appellant occupied a position of trust which vitiated consent, and no palpable and overriding error was shown to justify appellate interference.

Source excerpt

• Sexual exploitation
• Sexual assault
• Consent
• Position of trust
• Credibility and reliability
• Appellate review

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