Case in Brief

A Case in Brief is a short summary of a written decision of the Court, drafted in plain language. These summaries are prepared by staff of the Supreme Court of Canada. They do not form part of the Court’s reasons for judgment and are not for use in legal proceedings.

R. v. Ouellet

Case summary

The Supreme Court of Canada upholds an order for a new trial for a man charged with sexual assault.

Between 2017 and 2020, Mr. Ouellet and the complainant had sexual relations to which the complainant says she did not consent. Those events occurred in a context of difficult intimate relations with a great deal of tension. At trial, the judge heard testimony from the complainant and Mr. Ouellet, who both gave different versions of the facts. The judge also heard recordings of discussions that had taken place between the two parties.

The trial judge acquitted Mr. Ouellet of all the charges. In his reasons, which he gave orally, the judge explained that he was accepting Mr. Ouellet’s version of the facts. The judge found that the complainant had consented to the sexual relations and that the Crown’s evidence did not establish lack of consent beyond a reasonable doubt.

A majority of the Quebec Court of Appeal allowed the Crown’s appeal and ordered a new trial. In the majority’s opinion, the trial judge’s reasons were too brief to adequately explain why he believed Mr. Ouellet’s testimony more than the complainant’s testimony.

The dissenting judge would have dismissed the Crown’s appeal. He was of the view that, even though the trial judge’s reasons were brief, they explained his decision. In the dissenting judge’s opinion, there was therefore no error of law.

The Supreme Court has dismissed the appeal.

Accordingly, a new trial is ordered.

Chief Justice Wagner read the judgment of a majority of the Court. You can watch a recording of it here.

A print version of the judgment that was read out will be available here once finalized.