We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close
Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Acquittal doesn't excuse police behaviour | Clayton Ruby and Annamaria Enenajor

Thursday, August 17, 2017 @ 11:25 AM | By Clayton Ruby and Annamaria Enenajor

In R. v. Nyznik 2017 ONSC 4392, three Toronto police officers were acquitted of sexual assault based upon Justice Anne Molloy’s inability to be certain that the complainant was reliable and credible in her account of the absence of consent. Justice Molloy’s beautifully written account of the principles governing such cases deserves repetition.

“[16] It is sometimes said that the application of these principles is unfair to complainants in sexual assault cases, that judges are improperly dubious of the testimony of complainants, and that the system...