Canada Case Law

R. v. S.C.W.

Court

British Columbia Court of Appeal

s.161(3)'s power to 'vary the conditions prescribed in the order' includes authority to vary the duration of a s.161 prohibition order where changed circumstances make such variation desirable; on the facts the Provincial Court judge did not err in principle or produce a demonstrably unfit result in refusing to reduce the 20‑year term and in granting only limited condition variations, and the proposed fresh evidence was not material on appeal and must be raised in a fresh variation application in Provincial Court.

Source excerpt

• Sex offender prohibition order s.161
• Variation of prohibition orders
• Fresh evidence on appeal
• Risk assessment
• Publication ban s.486.4

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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. M.H.

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed the Crown’s motion for directions, holding it was premature for a single judge to bar cross-examination on a fresh-evidence motion.

• Fresh evidence
• Recantation
• Cross-examination
• S.683 criminal code
• Criminal appeal rules r.27(8)
• Publication ban s.486.4

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R. v. L.S.

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed the conviction appeal in a sexual interference case, upheld the trial judge’s credibility findings, and affirmed the eight-year sentence.

• Sexual interference
• Admission of videotaped statements under s.715.1
• Lost or deleted notes and disclosure
• Ineffective assistance of counsel
• Credibility findings
• Collateral consequences in sentencing

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R. v. Chokrev-Evans

Court

British Columbia Court of Appeal

Appeal from a conviction for sexual assault causing bodily harm dismissed. The Court found no basis for a s. 276 inquiry, and held evidentiary errors harmless.

• S.276 criminal code (sexual history evidence)
• Voir dire for admissibility
• Curative proviso s.686(1)(b)(iii)
• Publication ban s.486.4
• Twin-myth reasoning
• Admissibility of communications

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R. v. Rupert

Court

Court of Appeal for Ontario

Because defence counsel did not dispute the Crown's submission that planning and deliberation was an aggravating factor, the trial judge did not err in finding it without a Gardiner analysis; there was no basis for appellate intervention on the conviction and the sentence appeal must be dismissed.

Source excerpt

• Planning and deliberation as aggravating factor
• Gardiner analysis
• Publication ban s.486.4
• Standard of appellate intervention

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R. v. J.J.K.G.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed the appeal, holding that the phrase “a video recording” in Count 4 was surplusage and that no palpable credibility errors were shown.

• Surplusage rule
• Particulars in indictment
• Mens rea
• Credibility assessment
• Circumstantial evidence
• Publication ban s.486.4

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R. v. Tavares

Court

Court of Appeal for Ontario

The Court found the Crown's early disclosure was an innocent oversight, there was no evidence the complainant had seen or would inevitably see the materials and no demonstrable prejudice to trial fairness; because lesser remedies could address the error, a stay under s.24(1) was not justified, so the stay was set aside and the matter remitted for trial before a different judge with an order to return or destroy the materials.

Source excerpt

• Abuse of process
• Stay of proceedings
• Charter s.24(1)
• Disclosure
• S.278.92 private records pre-trial application
• Publication ban s.486.4

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R. v. S.M.P.

Court

Supreme Court of British Columbia

The court convicted the accused of sexual assault and sexual interference, holding corroboration was not legally required and accepting the complainant’s evidence as credible.

• Sexual assault
• Sexual interference
• Section 715.1 video statements
• Corroboration
• Witness credibility
• Publication ban s.486.4

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R. v. Johnson

Court

Nova Scotia Provincial Court

The court accepted the complainant's detailed, specific and unique evidence as credible and reliable, rejected the accused's denial as not raising a reasonable doubt, found no credible evidence of collusion or fabrication by the complainant or her mother, and therefore was satisfied beyond a reasonable doubt that the accused committed the offences charged (s.271, s.151, s.152).

Source excerpt

• Child sexual abuse
• Sexual assault s.271
• Sexual interference s.151
• Invitation to sexual touching s.152
• Publication ban s.486.4
• Publication ban s.486.5

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