Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Criminal law — Credibility — Evidence — Reasonable doubt — Application of R. v. W.(D.), [1991] 1 S.C.R. 742 — Whether the W.(D.) approach should be clarified — Whether “nothing unbelievable” means “believable” in the context of the W.(D.) approach? — Whether 27 words is enough to properly apply the burden of proof, demonstrate the route taken, and show that the Crown as proved its case beyond a reasonable doubt in a single sentence — Whether there are issues of public importance raised?

The applicant was charged with a number of offences involving the complainants. The applicant denied touching the complainants. The trial judge reviewed the requirements of W.(D.) in considering whether the Crown had met its burden of proof beyond a reasonable doubt. The trial judge concluded on all the evidence that the assaults had occurred as described. The Court of Appeal held that it was clear from the trial judge’s reason why the applicant’s testimony was not accepted or did not raise a reasonable doubt. The complainants’ evidence was credible for the reasons expressed and believed by the trial judge. The Court of Appeal held that there was no error in the trial judge’s reasons warranting appellate intervention. The applicant was convicted and his appeal from conviction was dismissed.