On June 3, 2020, the Ontario Court of Appeal released a long-awaited judgment on the issue of the constitutionality of s.33.1 of the Criminal Code. If you listened to the media and some social media accounts, you would likely be thinking that this decision has...
Sexual Assault
Motivation d’une plaignante à mentir lors d’un procès pour agression sexuelle
On behalf of Bayne Sellar Ertel Carter | Mar 18, 2020 | Sexual Assault
Il y a toujours un gros éléphant rose dans la salle d'audience lors d'un procès pour agression sexuelle. POURQUOI une plaignante inventerait-elle cet horrible mensonge. POURQUOI irait-elle voir la police pour se plaindre et POURQUOI subirait-elle...
A Complainant’s Motive to Lie in Sexual Assault Trials
On behalf of Bayne Sellar Ertel Carter | Mar 4, 2020 | Sexual Assault
There is always a big pink elephant in the courtroom at a sexual assault trial. Why would a complainant make up this horrendous lie, go to the police complain and then put herself through a trial where she will be cross-examined? Does the defence have to demonstrate...
Is Friends with Benefits Evidence Admissible in Sexual Assault Case ?
On behalf of Bayne Sellar Ertel Carter | Jul 22, 2019 | Sexual Assault
In a case called Goldfinch, the Supreme Court of Canada considered whether the trial judge should have admitted evidence that Mr. Goldfinch and the complainant in a sexual assault case were in a "friends with benefits" relationship. At trial, the evidence was admitted...
Sexual Exploitation Mandatory Minimum Struck Down
On behalf of Bayne Sellar Ertel Carter | Nov 26, 2018 | Sexual Assault
In a recent case in the Onatrio Superior Court of Justice, the mandatory minimum one year jail sentence for Sexual Exploitation was found to be unconstitutional. This decision is part of what is now a long line of cases where mandatory minimum senteces for sexual...
90 day mandatory minimum sentence for sexual interference stuck down
On behalf of Bayne Sellar Ertel Carter | Oct 12, 2018 | Sexual Assault
Mandatory minimum senteces for sexual offences are continuing to fall. The mandatory minimum sentence of one year in jail for sexual interference when the Crown proceeds by indictment has previuosly been declared unconstitutional in many cases Now, the mandatory...
Invitation to Sexual Touching Mandatory Minimum Struck Down
On behalf of Bayne Sellar Ertel Carter | Jul 2, 2018 | Sexual Assault
In a recent case in the Ontario Superior Court of Justice, R. v. Hussein, the accused brought an application to have the mandatory minimum sentence for the offences of invitation to sexual touching, sexual interference and sexual assault of one year in jail struck...
What is Sexual Exploitation?
On behalf of Bayne Sellar Ertel Carter | Jun 18, 2018 | Sexual Assault
Although the age of consent in Canada is 16, in some cases you can still be convicted of an offence for engaging in sexual activity with someone over the age of 16 but under the age of 18. If you are in a position of trust or authority towards a young person, or the...
What is Invitation to Sexual Touching?
On behalf of Bayne Sellar Ertel Carter | Jun 11, 2018 | Sexual Assault
If you have been charged with Invitation to Sexual Touching pursuant to s. 152 of the Criminal Code you may be wondering what exactly this allegation involves. The section states that every person who, for a sexual purpose, invites, counsels or incites a person under...
What is Sexual Interference?
On behalf of Bayne Sellar Ertel Carter | Jun 4, 2018 | Sexual Assault
The offence of sexual interference applies to situations in which there is any touching of a minor in a sexual manner. This can include masturbation, oral sex or intercourse. Section 151 of the Criminal Code states that every person who, for a sexual purpose, touches,...
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