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The Court of Appeal dismissed the conviction appeal, corrected a sentencing arithmetic error, and varied an overbroad internet prohibition order.
The trial judge made permissible credibility and factual findings after applying the W.(D.) framework to the totality of the evidence, including defence witnesses; those findings were supported by the record and not subject to appellate interference, so the convictions were upheld.
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The Court found multiple errors in the trial judge’s reasons — rejecting the appellant’s evidence on flawed bases (including apparent requirement for explanatory detail), misapprehending aspects of the appellant’s relationship with the complainants, and failing to properly address potential collusion affecting S.L.’s evidence — and concluded the cumulative errors rendered the conviction unsafe; appeal allowed and a new trial ordered on charges relating to S.L.
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The Federal Court dismissed judicial review of a work permit refusal, finding the genuineness and misrepresentation determinations reasonable and no procedural unfairness.
The trial judge reasonably and lawfully concluded beyond a reasonable doubt that the appellant had knowledge of and possession of the drugs based on credible evidence that he was the last and only occupant of the basement area and was found in possession of the safe key; the Court of Appeal found no legal or reviewable factual error and affirmed the conviction.
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The trial judge properly applied the legal tests: he found on a balance of probabilities that the similar fact evidence was not tainted by collusion, concluded its probative value outweighed prejudice under R. v. Handy, reasonably assessed the young complainant's credibility (including appropriate but not determinative weight to demeanour), did not impermissibly infer guilt from disbelief of the accused, and therefore the convictions were supported by the totality of the evidence; appeal dismissed.
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The appeal is dismissed because the Court of Appeal concluded the trial judge thoroughly examined the evidence, any inconsistencies were peripheral and did not undermine the complainants' core accounts, there was no evidence of collusion or tainting warranting exclusion or special caution, and the trial judge properly applied W.(D.) and provided adequate reasons; her credibility findings are entitled to deference.
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The court admitted a 911 recording in a criminal voir dire, finding it relevant, reliable, and more probative than prejudicial, while excluding the transcript as potentially misleading.
The appeal is dismissed because the trial judge's findings on demeanour, credibility, admissions and the mother's conduct are supported by the record, there is no relevant misapprehension of evidence and appellate deference to those factual findings is required.
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The Court of Appeal for British Columbia allowed a sexual-offence conviction appeal, holding the verdict was unreasonable because the trial judge relied too heavily on demeanour and did not adequately address key inconsistencies in the complainant’s evidence.
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