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APPEALS - Grounds - Bias - Misapprehension of or failure to consider evidence

Thursday, October 29, 2020 @ 9:05 AM  

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Appeal by Teed from his convictions for sexual assault and breach of trust. The appellant, an RCMP officer, pulled over the complainant. The complainant admitted she had consumed marijuana and was arrested for possession. The appellant conducted a pat-down search of the complainant incident to arrest. He then walked the complainant to the police vehicle and searched her again. The complainant testified that during the second search, the appellant ran his open hands over her breasts. She testified further that the appellant returned to her vehicle 30 minutes later and asked her to go for a drive in exchange for the return of her drugs. The GPS readings from the appellant’s police vehicle corroborated the complainant’s evidence. The appellant denied returning to the complainant or propositioning her. The trial judge accepted the second pat-down search and the proposition occurred in the manner described by the complainant. The trial judge asked questions of the witnesses and raised areas of concern with counsel during submissions.

HELD: Appeal dismissed. The trial judge’s credibility and factual findings were grounded in the record. His credibility analysis of all witnesses was thorough and corroborated by other evidence. The facts as found by the trial judge clearly established a sexual assault. The second search clearly constituted an assault that was sexual in nature. The interventions of the trial judge did not create a reasonable apprehension of bias. There was nothing on the record that rendered the trial unfair. Dissenting reasons were provided.

R. v. Teed, [2020] A.J. No. 992, Alberta Court of Appeal, M.S. Paperny, J.D.B. McDonald and E.A. Hughes JJ.A., September 23, 2020. Digest No. TLD-October262020007