W.E.M. v. Her Majesty the Queen

(Alberta) (Criminal) (By Leave)

(Publication ban in case)




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Criminal law – Evidence – Assessment – Whether the Court of Appeal erred in law – Was the applicant convicted by failing to put the Crown to its burden of proof beyond a reasonable doubt and failing to give effect to the presumption of innocence – Was the applicant's conviction founded on material misapprehensions of evidence and problematic reasoning – Were these errors improperly excused by the Appellate Court contrary to powers of an appellate court and the principles in R. v. Lohrer, 2004 SCC 80.

After a trial by judge alone, the applicant was convicted of sexual touching and sexual assault. The Court of Appeal dismissed the conviction appeal.

Lower Court Rulings

November 8, 2013
Court of Queen’s Bench of Alberta

120834189Q2, 2013 ABQB 680
Conviction for sexual touching and sexual assault
January 9, 2015
Court of Appeal of Alberta (Calgary)

1401-0016-A, 2015 ABCA 7
Appeal dismissed