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The court stayed two civil actions pending related criminal proceedings, finding exceptional circumstances from likely retraumatization of vulnerable plaintiffs and prejudice to justice.
The Supreme Court of Canada restored a sexual assault conviction, holding the trial judge’s reasons were sufficient and warning against overreliance on generalized disability evidence.
The court found the complainant credible and that the accused intentionally touched the complainant in a sexual manner, without consent, and either knew she did not consent or was reckless/willfully blind and took no steps to ascertain consent; those findings satisfied all elements of s.271 beyond a reasonable doubt and required conviction for sexual assault.
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La Cour suprême a jugé que le critère de l’article 16(3) de la Loi sur la preuve du Canada exige seulement la capacité de communiquer et une promesse de dire la vérité.
Investigator evidence established that the children (ages 3 and 6) and the estranged spouse are vulnerable and likely to be intimidated, traumatized or inhibited by direct cross-examination by the accused such that a full and candid account would not be obtained; statutory framework (s.486.3(1) and (2)) mandates appointment of counsel in those circumstances, and this limited curtailment of personal cross-examination is justified despite the accused's self-representation.
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