Her Majesty the Queen v. G.F., et al.

(Ontario) (Criminal) (By Leave)

(Publication ban in case)


Criminal law - Appeals, Powers of court of appeal - Criminal law - Appeals - Powers of the Court of Appeal - Whether this Court’s decision in R. v. Mian, 2014 SCC 54, [2014] 2 S.C.R. 689 is intended to permit appellate courts to decide cases based on issues not raised by the parties, and without giving notice or an opportunity to respond, as long as those issues are not “new issues” - Whether the rules of natural justice require that the parties receive notice and the opportunity to respond to all important issues - Whether the Court of Appeal erred in finding the trial judge’s reasons were deficient - In the alternative, did the Court of Appeal err in failing to apply the curative proviso to correct any errors in the trial judge’s reasons?.


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During a long weekend, the complainant and her family attended a camping trip with the respondents. One night, the complainant slept in the respondents’ trailer. The complainant had consumed alcohol and later vomited. The complainant testified that she woke up to one of the respondents pulling down her pants and that both respondents engaged her in sexual activity. The respondents were convicted of sexual assault. The Court of Appeal allowed the appeals against conviction, set aside the convictions, and ordered new trials.