Case information

Criminal law — Appeal — Sexual assault — Evidence — Elements of Offence — Theory of the case — Whether this case erroneously endorses a formalistic approach to criminal law, setting aside a consistent national movement, led by the Court, towards deciding cases on merit – Whether the Nova Scotia Court of Appeal decision failed to provide guidance to its constituents by endorsing submissions inconsistent with established law and/or rules of evidence.

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.

The respondent accused was charged with one count of sexually assaulting the complainant, contrary to s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. The issue at trial in the Nova Scotia Provincial Court was the identity of the person or people who sexually assaulted the complainant.

The trial judge acquitted the respondent. Based on all the evidence and lack of evidence, she was not convinced beyond a reasonable doubt that the second assailant was the respondent. The first assailant had been identified.

The Court of Appeal unanimously dismissed the appeal. It was substantially in agreement with the respondent’s arguments and held that the Crown had not established an error of law on the record. The court therefore dismissed the appeal as required by s. 676 of the Criminal Code, R.S.C. 1985, c. C-46.