Recent Cases

Our firm recently secured a complete acquittal for a client charged with Sexual Assault (s. 271), Sexual Interference (s. 151), and Making Sexually Explicit Material Available (s. 171.1) under the Criminal Code.

The allegations involved an 11-year-old complainant who alleged that our client had committed various sexual offences against her beginning when she was approximately nine years old. The Crown further alleged a pattern of grooming behaviour that had commenced several years earlier when the complainant was approximately six years old.

The complainant's family and our client's family had been close friends for many years. The children spent significant time together, and the relationship between the families was such that the parents referred to one another as "uncle" and "auntie."

The allegations spanned multiple jurisdictions, including incidents said to have occurred in both Alberta and Saskatchewan. The most serious allegation involved a claim of prolonged sexual activity and penetration occurring while the complainant and our client's son were allegedly sharing the same bed.

The matter proceeded to trial and involved extensive cross-examination, credibility and reliability issues, and competing expert evidence.

Following the trial, the Court found our client Not Guilty on all charges. Applying the principles set out in R. v. W.(D.), the trial judge concluded that, after considering all of the evidence, the Crown had failed to prove the allegations beyond a reasonable doubt. The acquittal was entered on the basis that the evidence, viewed as a whole, left the Court with a reasonable doubt regarding the allegations.

This result highlights the importance of careful scrutiny of historical allegations, thorough cross-examination, and rigorous testing of both factual and expert evidence in criminal proceedings.