Canada Case Law

R. v. JAG

Court

Supreme Court of Nova Scotia

The court accepted the complainant's core evidence as credible and reliable beyond a reasonable doubt, applying the pre-1983 objective test for indecent assault (assault accompanied by circumstances of indecency), gave restrained weight to delay and prior disclosures, treated absence of evidence of motive to lie as a modest credibility-enhancing factor per Gerrard, found the accused's denials unconvincing and his statements to the complainant's brother amounted to acknowledgement of having 'done something', and therefore convicted the accused of indecent assault.

Source excerpt

• Indecent assault
• Consent
• Burden of proof
• Credibility and reliability of witnesses
• Delay in disclosure
• Motive to fabricate

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R. v. Campbell

Court

Supreme Court of British Columbia

The court accepted the complainant’s account of an underclothing massage involving a trusted family friend and convicted on sexual assault, but acquitted on sexual interference.

• Sexual assault
• Sexual interference
• Consent
• Credibility
• Reasonable doubt
• Delay in disclosure

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R. v. W.G.L.

Court

Supreme Court of Nova Scotia

Applying the W.(D.) framework and Paciocco's credibility checklist the judge found the complainant credible and reliable on the material allegations, found the accused's account not creditworthy on multiple material points, concluded there was no proven motive to fabricate, considered the evidence as a whole and reached a considered and reasoned acceptance beyond a reasonable doubt of guilt; accordingly convicted on s.151 and s.271 offences.

Source excerpt

• Credibility assessment
• W. (d.) instruction
• Historical sexual assault
• Delay in disclosure
• Use of preliminary inquiry transcript
• Motive to fabricate

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R. v. B.P.

Court

Supreme Court of British Columbia

The court acquitted the accused of sexual assault and sexual interference, finding it could not resolve the credibility conflict and was left with reasonable doubt.

• Sexual assault
• Sexual interference
• Credibility of child witness
• Publication ban
• Reasonable doubt
• Delay in disclosure

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R. v. P.S.

Court

Court of Appeal for Ontario

The Court upheld the trial judge: the s.715.1(1) prerequisites were satisfied and the three-year-four-month delay was reasonable given parents' fear and lack of understanding; residual discretion to exclude was not triggered; defence was properly denied irrelevant questioning at the s.715.1 voir dire that would have circumvented ss.278 protections; the trial judge properly assessed credibility and provided adequate reasons; the sentencing judge applied restraint and 54 months was fit and owed deference.

Source excerpt

• Video-recorded statements (s.715.1)
• Third-party records applications (ss.278)
• Witness credibility
• Delay in disclosure
• Publication ban (s.486)

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R. v. K.S.

Court

Court of Appeal for Ontario

The Court concluded the trial judge's findings on credibility and timing of the disclosure were supported by the evidence, there was no mischaracterization treating lack of evidence of motive as proof of absence of motive, and no improper heightened scrutiny of the appellant's evidence; therefore the appeal was dismissed and the convictions affirmed.

Source excerpt

• Credibility findings
• Motive to fabricate
• Delay in disclosure
• Standard of appellate review
• Publication restriction

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R. v. J.T.C.

Court

Supreme Court of Nova Scotia

Judge concluded that, after applying the W.(D.) credibility framework and assessing the whole of the evidence, inconsistencies in the complainant's account, lengthy delay in disclosure, ongoing contact between complainant and accused and lack of unequivocal admission in the warned statement left a reasonable doubt; Crown did not prove guilt beyond a reasonable doubt, therefore acquittal was required.

Source excerpt

• Sexual assault
• Indecent assault
• Gross indecency
• Credibility assessment
• Delay in disclosure
• Warned statement (s.655)

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Gordon v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of an ARC refusal, finding no procedural unfairness in the late disclosure of reasons and no basis to disturb the decision.

• Authorization to return to canada
• Procedural fairness
• Reasons for decision
• Standard of review
• Delay in disclosure
• Judicial-review

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R. v. A.J.S.

Court

Court of Appeal for Ontario

The trial judge's stated reasons for rejecting the appellant's evidence were generic and conclusory and did not explain why the appellant's denial did not raise a reasonable doubt in the face of a very young complainant and reliance on parental corroboration; because the reasons foreclosed meaningful appellate review, the conviction was set aside and a new trial ordered.

Source excerpt

• Sexual assault of a child
• Credibility and reasons for judgment
• Corroboration
• W.(d.) analysis
• Delay in disclosure

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R. v. Toor

Court

Court of Appeal for Ontario

Because the evidence regarding each count was directly probative of the others and admissible to show the context of an ongoing abusive relationship, specific disposition to assault the complainant, and to explain delayed disclosure, the trial judge was not required to give a propensity caution; the jury could properly consider the evidence across counts and the convictions and four-year global sentence were properly upheld.

Source excerpt

• Propensity reasoning
• Similar fact evidence
• Sexual assault
• Assault causing bodily harm
• Jury instructions
• Delay in disclosure

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