Docket

38372

Carl Douglas Snelgrove v. Her Majesty the Queen

(Newfoundland & Labrador) (Criminal) (As of Right)

(Publication ban in case)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2019-04-18 Appeal closed
2019-04-02 Transcript received, (40 pages)
2019-03-27 Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book Carl Douglas Snelgrove
2019-03-25 Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book Her Majesty the Queen
2019-03-25 Formal judgment sent to the registrar of the court of appeal and all parties
2019-03-25 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-03-22 General proceeding, (Letter Form), Publication Ban Questionnaire Her Majesty the Queen
2019-03-22 General proceeding, (Letter Form), Publication Ban Questionnaire Carl Douglas Snelgrove
2019-03-22 Judgment on the appeal rendered, Mo Ka Br Row Mar,
The appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 201701H0018, 2018 NLCA 59, dated October 17, 2018, was heard on March 22, 2019, and the Court on that day delivered the following judgment orally:

MOLDAVER J. — This appeal comes to us as of right from the Court of Appeal of Newfoundland and Labrador. The issue before us is whether a majority of that court erred in setting aside the appellant’s acquittal on a charge of sexual assault following a trial by judge and jury and ordering a new trial. The particular issue at hand is whether the majority of the Court of Appeal wrongly concluded that the trial judge erred in refusing to instruct the jury on s. 273.1(2)(c) of the Criminal Code, R.S.C. 1985, c. C-46 — a provision which provides that no consent is obtained where an accused, by abusing a position of trust, power, or authority, induces a complainant to engage in sexual activity.

We would dismiss the appeal, substantially for the reasons of the majority of the Court of Appeal.

Section 273.1(2)(c) has as its aim “[t]he protection of the vulnerable and the weak and the preservation of the right to freely choose to consent to sexual activity” (R. v. Hogg (2000), 148 C.C.C. (3d) 86 (Ont. C.A.), at para. 17). Inducing consent by abusing the relationships set out in s. 273.1(2)(c) does not imply the same kind of coercion contemplated by s. 265(3)(d) of the Criminal Code, which speaks to consent obtained where the complainant submits or does not resist by reason of the “exercise of authority”. Rather, as Justice Doherty observed in R. v. Lutoslawski, 2010 ONCA 207, 258 C.C.C. (3d) 1: “An individual who is in a position of trust over another may use the personal feelings and confidence engendered by that relationship to secure an apparent consent to sexual activity” (para. 12).

On the facts of this case, we are of the view that it would have been open to the jury to conclude that by virtue of abusing his position of trust and authority, the accused took advantage of the complainant, who was highly intoxicated and vulnerable, by using the personal feelings and confidence engendered by their relationship to secure her apparent consent to sexual activity. An instruction under s. 273.1(2)(c) was therefore warranted. Accordingly, we would dismiss the appeal.
Dismissed
2019-03-22 Respondent's condensed book, (Book Form), 14 copies (Submitted in Court)
23B required-rec'd 2019/03/25
Her Majesty the Queen
2019-03-22 Appellant's condensed book, (Book Form), 14 copies (Submitted in Court)
23B Required-rec'd 2019/03/27
Carl Douglas Snelgrove
2019-03-22 Hearing of the appeal, 2019-03-22, Mo Ka Br Row Mar
Judgment rendered
2019-03-21 Notice of appearance, (Letter Form), Michael Crystal will be present at the hearing. Carl Douglas Snelgrove
2019-03-06 Notice of appearance, (Letter Form), Randy Piercey, Q.C. will be present at the hearing and will present oral arguments. Carl Douglas Snelgrove
2019-03-06 Notice of appearance, (Letter Form), Iain R.W. Hollett will be present at the hearing and will present oral arguments. Her Majesty the Queen
2019-02-27 Appeal perfected for hearing
2019-02-20 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2019-02-15 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2019-02-15 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-02-15 Respondent's record, (Book Form), Completed on: 2019-02-15 Her Majesty the Queen
2019-02-15 Respondent's factum, (Book Form), 23A missing-rec'd 2019/02/20, Completed on: 2019-02-20 Her Majesty the Queen
2019-02-01 Order on motion for leave to intervene, by BROWN J.
2019-02-01 Decision on the motion for leave to intervene, Br,
UPON APPLICATION by the Attorney General of Ontario and the Criminal Lawyers’ Association (Ontario) for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are dismissed.
Dismissed, no order as to costs
2019-02-01 Submission of motion for leave to intervene, Br
2019-01-31 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-01-31 Carl Douglas Snelgrove
2019-01-21 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-01-21 Her Majesty the Queen
2019-01-18 Certificate (on limitations to public access), (Letter Form), 23B-Supplementary Record Carl Douglas Snelgrove
2019-01-18 Appellant's record, (Book Form), Supplemental Record, Completed on: 2019-01-18 Carl Douglas Snelgrove
2019-01-17 Motion for leave to intervene, (Book Form), Completed on: 2019-01-17 Attorney General of Ontario
2019-01-08 Notice of name, (Letter Form) Criminal Lawyer's Association (Ontario)
2019-01-08 Motion for leave to intervene, (Letter Form), Completed on: 2019-01-08 Criminal Lawyer's Association (Ontario)
2018-12-10 Notice of hearing sent to parties
2018-12-06 Appeal hearing scheduled, 2019-03-22
Judgment rendered
2018-12-03 Certificate (on limitations to public access), (Letter Form), 23B-Record Carl Douglas Snelgrove
2018-12-03 Certificate (on limitations to public access), (Letter Form), 23B-Factum Carl Douglas Snelgrove
2018-12-03 Certificate of counsel (attesting to record), (Letter Form) Carl Douglas Snelgrove
2018-12-03 Appellant's record, (Book Form), Completed on: 2018-12-03 Carl Douglas Snelgrove
2018-12-03 Appellant's factum, (Book Form), Completed on: 2018-12-03 Carl Douglas Snelgrove
2018-11-20 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2018-11-07 Certificate (on limitations to public access), (Letter Form), 23B Carl Douglas Snelgrove
2018-11-02 Letter acknowledging receipt of a notice of appeal
2018-10-31 Certificate (on limitations to public access), (Letter Form), 23A Carl Douglas Snelgrove
2018-10-31 Notice of appeal, (Letter Form), Amended notice required-rec'd 2018/11/13; 23B required-rec'd 2018/11/07.
Second amended notice required-rec'd 2019/01/18, Completed on: 2018-11-07
Carl Douglas Snelgrove